[UPDATED] State govts to align constitution with newly-passed anti-hopping law: Wan Junaidi

KUALA LUMPUR – Prime Minister Datuk Seri Ismail Sabri Yaakob will be informing all state governments to amend their respective state constitutions in line with the Constitution (Amendment) Bill (No. 3) that prohibits Members of Parliament from switching parties.

Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar said this while winding up the debate on the bill at Dewan Negara today.

“I have requested the prime minister to send a letter to all states, as raised by the Senators, to standardise the amendments after the bill is passed at Dewan Negara. 

“(This includes) states that have made such amendments or have not yet done so,” he said.

The Constitution (Amendment) Bill (No. 3) 2022 obtained the support of 52 out of 60 Senators, more than two-thirds of Dewan Negara, after two bloc votes. 

Dewan Negara president Tan Sri Dr Rais Yatim said that seven Senators were not present during the voting. 

Wan Junaidi said the provision prohibiting state assemblymen from changing parties will only come into force in a state on a date set by the Yang di-Pertuan Agong with the consensus of the respective Sultans or governors.

“We acknowledge the importance of the state assemblies being given their own independence, and of consultation between the ruling sultan or governor with the Yang di-Pertuan Agong,” he said. 

Earlier during the debate session, members of Dewan Negara expressed that the bill will be able to restore people’s confidence in the country’s parliamentary democracy system.

Among them were Senator Datuk Arman Azha Abu Hanifah, Senator Datuk Razali Idris and Senator Susan Chemerai Anding.

Arman said that at present the people’s trust in political institutions and leaders is low because of party switching by some representatives, which had disrupted the country’s stability. 

“This bill can give confidence to the people and voters, who will be more confident in a government that is protected from turmoil due to MPs switching parties.

“Voters will be more confident in their choice because they know that the elected representatives will not jump parties after this.

“This is very important because without confidence, many may not want to vote in the 15th general election (GE-15),” he said.

In sharing the same view, Razali described the bill as being able to revive the spirit of democracy in Malaysia, which has been misguided so far, in addition to promoting mature politics.

He also voiced out that the bill can be gazetted immediately before GE-15 to ensure that the act of switching parties does not happen again.

The view was supported by Susan Chemerai who said the bill gives a clear message that freedom of association does not allow the people’s mandate to be thrown away.

“It gives a message that the people’s mandate is more important and greater than any political power and arrangement. 

“It also emphasises that the people’s mandate needs to be respected by all politicians, especially elected representatives, and cannot be simply slandered by those who are greedy for power.

“I believe that this bill will strengthen and give more meaning to the country’s political system because it is the result of the collective efforts of various entities – political parties, from the opposition and the government, as well as non-governmental organisations,” he said. 

The prime minister said while tabling the bill in Dewan Negara today that the Constitution (Amendment) Bill (No. 3) 2022 does not apply to Members of Dewan Negara.

He added that the bill was approved by the special select committee after considering several views. – Bernama, August 9, 2022