KUALA LUMPUR – Lawmakers of parties that quit a coalition to form another will not be required to vacate their seats, said Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar (Santubong-GPS).
He added that MPs who defy party decisions to quit existing coalitions will also not lose their seats, unless the party constitution stipulates that they are no longer party members should they violate the rule.
“For instance, let us use a fictitious name – Amira. If Amira does not agree with a (party) decision, it would depend on her position in the party. If she stays as a member in the party, she will not be considered to have switched parties.
“Secondly, Amira’s action to not follow the party decision to leave a certain coalition would result in Amira’s dismissal from the party, so, she will not be considered to have switched parties.
“Amira’s action to not follow her party to leave the coalition, resulting in her being sacked, would not mean she has switched parties,” he said in his winding-up speech on the Constitutional (Amendment) Bill (No. 3) 2022 on provisions preventing MPs from switching parties.
Under the current proposed bill amendment, MPs who lose their memberships from breaking party rules are considered to have “hopped” and will subsequently lose their seats.
In explaining the need for the federal constitution to be amended instead of the introduction of a new act, Wan Junaidi said the parliamentary special select committee considered and agreed to this one-step approach as it would ensure that the provision to prevent MPs from switching parties cannot be amended on a whim through a simple majority.
“This is because constitutional amendments would require two-thirds support on the second and third readings of each parliamentary session.
“At this time, there is no need for a specific bill related to this matter to be enacted.” – The Vibes, July 28, 2022