GEORGE TOWN – DAP chairman Lim Guan Eng said he was performing his duty as a state assemblyman in voicing out concerns over why Penang is not holding a special state legislative assembly sitting to amend its anti-party hopping bill.
“The need to amend the state constitution to remove any doubt that it contradicts the federal constitution is the legal opinion of DAP lawyers and the considered view of DAP legal bureau chief and Bukit Gelugor MP Ramkarpal Singh.”
“In my capacity as the-then Penang chief minister, I had moved to amend the Penang constitution to ban party-hopping by state assemblymen who either resigned or were expelled from their party during the state assembly sittings in 2012.
“As much as I support these 2012 amendments, my concern is that they should not be inconsistent with the new federal constitutional amendments passed by the parliament in July that regarded resignation but not the expulsion of a member as party-hopping."
“However, if the state government feels that there is no need to amend the Penang state constitution to align it with the federal constitution, then I have at least done my duty as an assemblyman to voice out such concerns,” Lim added.
Lim’s response comes after his successor, chief minister Chow Kon Yeow rejected the proposal to hold a special state assembly sitting within this month to table anti-party hopping legislation in Penang.
In a statement, earlier today, Chow said the earlier proposal by Lim is untenable and if acted upon would surely constitute a great disservice to Penang voters.
On August 30, Lim proposed for the state to hold a special sitting in September to amend the state constitution’s anti-hopping law, name Article 14A in light of the recent (landmark) amendments to Article 10(1)(c) of the federal constitution on July 28 which will prevent anti-hopping amongst Parliament members; and the announcement by the Sabah chief minister that the Sabah constitution will be amended to align with the amended federal constitution of Article 10 (1) (c).
In justifying the decision, Chow explained that Article14A provides for, among others, expulsion from one’s political party as a ground to vacate the Penang assembly seat(s) in question.
“While expulsion is not provided for under the amended federal constitution, we must remind ourselves that Article14A was enacted and passed in its current form (expulsion included) with more than two-thirds majority in the Penang assembly in 2012.
“This was done at a time when everyone including Lim and I, were fully aware of the 1992 Supreme Court’s decision concerning one’s right to the association under the then Article 10(1)(c) of the federal constitution."
Prior to the amended federal constitution, Chow said four individuals had commenced legal action to challenge the validity of Article 14A, referring to four state assemblymen who defected from Pakatan Harapan in 2020.
“In this regard, the Penang government then applied to refer a question of law for determination by the federal court i.e whether Article14A is constitutional or otherwise.
“I had issued a statement on July 29 that Penang intends to amend the relevant provision to remain consistent with the amended federal constitution.
“However, that same statement also referred to the reference which was fixed for a decision on August 3.
The Federal Court on August 3, by way of a unanimous decision by a bench of seven judges, held that “Article 14A of the Penang constitution is not void as it is not inconsistent with Article 10(1)(c) of the federal constitution.”
“Lest we forget, the Penang state assembly in 2012 made the decision to press ahead with Article 14A guided by our belief that Penang voters deserve a stable and credible state government that respects the given mandate.
“To now sing a different tune that compromises Article 14A, more so when our position is vindicated by the federal court’s unanimous decision – is short-changing everyone who believed in us,” he said.
As such, Chow pointed out the Penang executive council’s decision on August 5 that Article14A shall remain as it is; and there shall not be any special sitting to amend the Penang constitution in respect of Article 14A. – The Vibes, September 1, 2022.
