KOTA KINABALU – Enforcing anti-party hopping among politicians in Sabah is not complicated as the state could reinstate a similar law it had in 1988, said Warisan president Datuk Seri Shafie Apdal.
He questioned the state government’s slowness in tabling an anti-hopping bill in the Sabah assembly to follow Parliament’s amendments to the federal constitution on the matter
“It (the law) was already there. Just reinstate what had been there and do some amendments,” he said at a press conference after a meet-and-greet with the people at a coffee shop in Luyang, here, today.
Shafie was referring to the anti-hopping law put forward by Parti Bersatu Sabah (PBS) which was passed in the state assembly in 1988, but was later repealed in November 1995 after Umno took over Sabah from PBS.
At the time, the then PBS government inserted two provisions detailing the circumstances when an assemblyman loses his or her seat.
In the Sabah constitution then, Article 18(2)(d) read:
“(d) he resigns or is expelled from, or for any reason whatsoever ceases to be a member of, the political party of which he is a member.”
Another provision then, Article 18(2)(e) was inserted read:
“(e) he is expelled by the assembly for conduct unfit for membership of the assembly, for unbecoming behaviour or, in the case of an elected member, for abuse or betrayal of the mandate given to him by the electorate of his constituency.”
However, in 1995, these provisions were found by the court to be against the constitutional right to freedom of association for assemblymen.
Shafie today said that both repealed articles could be reinstated into the state constitution and if needed, be adjusted to be in line with the federal Anti-Hopping Act that will be gazetted in September.
“The sooner the better…Warisan is sincere about this – this culture (party hopping) must be stopped,” he added.
After the passing of the Constitution (Amendment) (No. 3) Bill 2022 which outlaws party hopping at the Dewan Rakyat on July 28, PBS president Datuk Seri Maximus Ongkili who is Minister in the Prime Minister’s Department (Sabah and Sarawak Affairs), said the Sabah government should pass state-level anti-hopping legislation in 60 days.
However, Sabah’s Local Government and Housing Minister Datuk Seri Masidi Manjun recently dismissed the suggestion to do it in 60 days, saying that the state was not compelled to do so.
Efforts to reach Sabah Chief Minister Datuk Seri Hajiji Noor and Sabah assembly speaker Datuk Kadzim M. Yahya for comments on the matter received no response. – The Vibes, August 20, 2022.
