[UPDATED] Cruel! Muhyiddin says anti-hopping law shouldn’t apply to MPs sacked for ‘voicing out’

KUALA LUMPUR – Special exemption and protection from the proposed anti-hopping legislation must be given to MPs who are sacked from their parties for voicing out against their leaders, said Tan Sri Muhyiddin Yassin (Pagoh-Bersatu).

Speaking in Parliament today, the former prime minister said he is opposed to the idea that a lawmaker who is fired from his party should vacate his seat under the new proposed law.

He added that MPs can be sacked for disciplinary issues or crossing the floor, and that they face the risk of removal for opinions that may not sit well with their party leaders.

Additionally, he said some lawmakers may choose to quit their party if it strays from its original principles.

“If the anti-hopping law applies to these situations without any exception, then this law will be cruel,” he said when debating the proposed constitutional amendment to Article 10, which seeks to include an enabling clause to allow for a specific anti-hopping law in the future.

While not mentioning names, Muhyiddin was himself a victim of a sacking in June 2016, when Umno expelled him after he voiced out against corruption involving then party president Datuk Seri Najib Razak. 

About a year earlier, he was also removed as deputy prime minister. 

Following his sacking, Muhyiddin would later go on to join Bersatu, the party he currently helms. 

He said if the proposed anti-hopping law mandates that an MP sacked from his party must vacate his seat, this would lead to an unhealthy environment where lawmakers will no longer question their leaders for any misdeeds, including corruption. 

“They will be worried they will get their marching orders from their party, and subsequently lose their parliamentary seats. This will leave a black mark to the country’s democracy.

“MPs who represent the will of the people will be muted and silenced by party leaders. We are putting the interest of a political party first before the people.”

To avoid instances where lawmakers are wrongfully removed from their seats, Muhyiddin said they should be allowed to seek justice in court and to remain as an MP pending all due legal processes. 

He added that to ensure this is allowed under the law, amendment must also be made to Section 18C of the Societies Act 1966, which currently stipulates that the decision of a political party relating to its affairs shall not be challenged, appealed against, reviewed, quashed or called into question in any court. 

“Presently, an MPs who speaks out and is sacked must immediately vacate his seat. There is no room to challenge the party’s decision in court because of the ouster clause in the Societies Act. 

“Instead, appeals can only be made to the party’s supreme council, which will certainly be under the control of the party leaders. Is this fair?” – The Vibes, April 11, 2022