PETALING JAYA – The government must not enforce its proposed federal anti-party hopping law on all state legislative assemblies, in order to avoid potential issues in the future, reckoned one political commentator.
Sunway University academic Prof Wong Chin Huat said if this happens, the states will be at the mercy of Parliament should there be any need to make further amendments to the law.
To ensure the anti-hopping legislation is future-proof, he instead suggested that the respective state assemblies be given the autonomy to decide whether to adopt the federal law in full, or be allowed to introduce their own legislation.
“I feel that we should allow states to do what they want with the anti-hopping law. There should not be one size fits all for the states,” he said during a workshop on the proposed anti-hopping law organised by electoral watchdog Bersih 2.0 here today.
“Say we force all states to copy what the federal government introduces, and after the general election, things don’t work out for some of the states. They then need to get Parliament to agree to amend the law, which may require a two-third majority.”
Wong said the fact the current proposed law has never been tested in the country could prove to be a problem and can set a dangerous precedent.
The limitations and restrictions of the proposed legislation also mean the law might face complications in the future, he added.
Among other issues that he said could potentially cause problems is the issue of “coalition hopping” involving a party, rather than an individual MP or assemblyman.
“A lot of the items proposed have never been fully tested. It’s important that we not settle for something at the federal level and impose it on the states. It is hugely irresponsible.”
Under the current proposed constitutional amendment, the government seeks to amend Article 10 through a federal law to impose restrictions relating to the political party membership of MPs and assemblymen.
This essentially means the law, when passed, will be enforceable to all assemblymen.
The bill was tabled in Parliament last Monday, but it has been agreed by the Dewan Rakyat to refer the bill to a parliamentary special select committee for further deliberation before it is put up for vote.
The committee will also elaborate on a proposed standalone legislation that is set to be implemented with the constitutional amendment.
The government had initially planned to pass the law last Monday but was forced to postpone it after resistance from certain quarters in the cabinet who disagreed on the current definition of party-hopping.
Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar had previously said the three criteria that define party-hopping as contained in the proposed law are when a lawmaker quits his party, when he is expelled from his party, and when an independent MP joins a political party after being elected. – The Vibes, April 16, 2022
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