KUALA LUMPUR – Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar today confirmed the government’s earlier plan to only amend the federal constitution to outlaw party hopping, without the need for a standalone Act.
However, he said the government later decided to introduce a specific legislation to refine the law, including on the definition of party hopping, following demand by certain quarters in the cabinet.
The veteran lawmaker told Parliament that the Attorney-General’s Chambers had prepared two draft bills for the constitutional amendment on anti-party hopping on March 4 and 11 this year.
The justification to just amend the constitution then, without a separate Act, was to ensure a watertight provision that leaves no room for a legal challenge, he said.
After presenting the draft bill to the cabinet, however, Wan Junaidi said there were several members who believed that the proposed amendment to the constitution needed further scrutiny, particularly from the aspect of policy.
“For instance, they wanted a clearer definition of what constitutes party hopping,” he said in his winding up speech on the proposed amendment to Article 10 of the constitution, which seeks to include an enabling clause to allow for a specific anti-hopping Act to be enacted in the future.
“For that reason, the government on April 6 decided on the need for a specific Act to be introduced. And that is why only an amendment to Article 10 is tabled here today.”
He was responding to questions raised by several MPs earlier during the debate on why the government made an eleventh hour change to introduce a new law, when an amendment to the constitution would have sufficed.
The lawmakers had claimed that in the multiple engagements they have had with the government, they were only informed of the constitutional amendment.
The Vibes had previously reported that the government had faced resistance from certain quarters, particularly Bersatu, on its plan to introduce an anti-hopping bill, which led to its deferment.
The bill is now expected to be tabled and debated by the end of next month.
On the various other concerns raised by parliamentarians, Wan Junaidi said these will be deliberated on by the special select committee that was formed today, which will be chaired by him.
This includes calls to allow MPs who have defected from their party to be able to contest in any election – the current provision under Article 48(6) of the constitution disqualifies lawmakers who have resigned from being an MP for five years.
Among other concerns that will be discussed by the special select committee are the suggestion for a recall election, for senators to also be guided by the anti-hopping law, and for an amendment to be made to Section 18C of the Societies Act 1966.
Section 18C 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. – The Vibes, April 11, 2022
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