Tindak Malaysia expresses concerns and reservations in light of the news that six former Bersatu MPs were allowed to retain their seats in the House of Representatives.
House Speaker Johari Abdul has made the decision to retain Syed Abu Hussin Hafiz Syed Abdul Fasal (the MP for Bukit Gantang), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Dr Zulkafperi Hanapi (Tanjong Karang) and Dr Suhaili Abdul Rahman (Labuan) in the House.
These MPs had declared support for Prime Minister Anwar Ibrahim – an action that amounts to defiance of Bersatu.
In a letter communicated to Bersatu chief whip Ronald Kiandee, the Speaker stated that Bersatu’s action to terminate five MPs (excluding the Labuan MP) went against the standing orders under the Houses of Parliament (Privileges and Powers) Act 1952 and the Federal Constitution.
For MP Suhaili, the seat of Labuan was not vacated due to an ongoing suit by the Labuan MP against Bersatu.
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The reasons provided by the Speaker are a contravention of Article 49A of the Federal Constitution (providing reasons and the implementation of the law to curb defections).
The cessation of membership of a political party is one of three grounds for a casual vacancy to be created for a given seat.
Any candidate who contests under a political party ticket is bound to the constitution of the party, which governs both the acquisition and loss of membership.
The five MPs were given the opportunity to follow the party’s directives.
For the Labuan MP, his action in bringing his party to court has resulted in the revocation of his membership.
The Speaker, while not obliged, should have taken the cue of the right decision made in the Kelantan State Legislative Assembly in vacating the seat of Nenggiri (a seat held by the present Gua Musang MP).
This was a missed opportunity for the Speaker to derive lessons from his decision to retain four former Bersatu representatives (2023) in Sabah.
Tindak Malaysia is deeply concerned by the decision to jeopardise the spirit of the “anti-party hopping” law.
Having advocated for this law (a more condensed version in comparison to the current Federal Constitution) for a dozen years, Tindak Malaysia expresses deep concerns about the long-term consequences of the decision.
Tindak Malaysia and other NGOs worked together with government institutions in 2022 to enact an anti-party hopping law, and Tindak Malaysia expects this law to be respected.
We applaud the Pasir Gudang MP for being vocal and critical of the decision made by the Speaker of the House on this matter. The MP called out the decision as one that was made based on political interest and not in accordance with legal aspects and the supremacy of the Federal Constitution.
We caution DAP secretary general Anthony Loke’s belief that his party’s anti-party hopping law is not affected by this ruling. This ruling may open up the way for more violations and rebellions that may haunt the current sitting government.
We hope that the Speaker of Selangor State Legislative Assembly exercises wisdom in his interpretations of the anti-party hopping law with respect to the status of the assembly member for Selat Klang.
Besides that, MPs and state assembly members should study and review any ambiguities arising from Article 49 (1)(a)(ii) which discusses cessation of membership.
Moreover, we hope arguments such as not intervening in an ongoing lawsuit are not used to justify the non-application of the anti-party law.
Furthermore, we hope the Speaker communicates such important decisions to the public and not just limits them to the party and elected representatives affected by such political shifts.
Malaysia has just overcome the dark days of the “Sheraton move” and the subsequent deep political instability of 2020-2022.
The anti-party hopping law was enacted to provide necessary stability for the government and to protect the opposition’s role in Parliament.
We call upon all parties and the speakers of House of Representatives and state assemblies to respect the spirit of the anti-party hopping law for the sake of the viability of our fragile democracy.
Danesh Prakash Chacko is director of Tindak Malaysia.
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