Malaysia

DAP amends constitution, MPs to lose seats if they disobey party

Amendment plugs loophole in federal law, says sec-gen

Updated 4 years ago · Published on 25 Sep 2022 3:29PM

DAP amends constitution, MPs to lose seats if they disobey party
The motion has been passed with a near-unanimous vote, with only two out of 1,175 party delegates in attendance during today’s party special congress objecting to the amendment. – ABDUL RAZAK LATIF/The Vibes pic, September 25, 2022

by Danial Dzulkifly

SHAH ALAM – DAP today amended its party constitution to be in line with the anti-party hopping law passed in Parliament.

The motion was passed with a near-unanimous vote, with only two out of 1,175 party delegates in attendance during today’s party special congress objecting to the amendment.

DAP secretary-general Anthony Loke said the amendment was crucial to plug a loophole in the anti-hopping law, which will see lawmakers lose their seats if they switch parties, but not if they are sacked from their party.

“In the debate, certain issues were raised but we have answered that these amendments are necessary to plug loopholes in the amendments made to the federal constitution.

“This is because the amendments do not cover parliamentarians sacked by the party, which is not considered party hopping,” Loke said after the amendment was passed at the special congress today.

He said DAP queried the law minister about the loophole whereby an MP or state assemblyman retains his seat even after being sacked for going against the party, and was told that this was for individual political parties to address.

“If a party constitution clearly states that a parliamentarian going against the party will lose their membership, Parliament will follow suit. The speaker (of the Dewan Rakyat) will vacate the seat,” he said, explaining the amendment.

The anti-hopping law that was passed in the Dewan Rakyat is called the Constitution (Amendment) (No. 3) Act 2022. 

It was also passed by the upper House, the Dewan Negara, received royal assent on August 31, and published in the federal gazette on September 6.

However, it will only come into force on a later date.

When asked whether DAP is concerned about the date of enforcement, Loke said he had full confidence in the due process and efforts made by Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar.

Loke said he was confident that the law will come into force before the 15th general election is called. – The Vibes, September 25, 2022

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