EC wants provision for anti-hop law
The Star (16/5/08): The anti-hopping law should be drafted and a new provision inserted into the Federal Constitution, Election Commission (EC) deputy chairman Datuk Wan Ahmad Wan Omar proposed.
He said it was about time an anti-hopping law was introduced, and likened MPs jumping to another party as breaching the trust of voters.
“The EC has never discussed this issue, and feels there is no need to do so, but in my personal opinion, if we look at the purpose and objective of the elections, it is a rational move to provide a law to prevent party-hopping,” he told The Star’s Malay news portal mStar Online.
Wan Ahmad said a special provision could be included in the Federal Constitution to get around Article 48(6).
Article 48(6) of the Constitution states that a person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.
“If the Government is serious, we can insert a new provision in the Constitution, noting that Articles 113 to 120 touch on many aspects relating to elections.”
Wan Ahmad said Article 48(6) was introduced to prevent wakil rakyat from resigning and recontesting just to test their popularity.
“Therefore, a subsection related to the behaviour of MPs and state assemblymen can be included, like the Government taking action to prevent elected representatives from resigning to test their popularity,” he said.
Wan Ahmad acknowledged that there were views that having an anti-hopping law contravened the freedom to pick parties.
“But actually, the wakil rakyat is picked based on the party, and he contested under that particular party’s ticket, manifesto and beliefs.
“So if they choose to leave the party after they are elected by voters, it is a breach of trust,” he said.
He said it was about time an anti-hopping law was introduced, and likened MPs jumping to another party as breaching the trust of voters.
“The EC has never discussed this issue, and feels there is no need to do so, but in my personal opinion, if we look at the purpose and objective of the elections, it is a rational move to provide a law to prevent party-hopping,” he told The Star’s Malay news portal mStar Online.
Wan Ahmad said a special provision could be included in the Federal Constitution to get around Article 48(6).
Article 48(6) of the Constitution states that a person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.
“If the Government is serious, we can insert a new provision in the Constitution, noting that Articles 113 to 120 touch on many aspects relating to elections.”
Wan Ahmad said Article 48(6) was introduced to prevent wakil rakyat from resigning and recontesting just to test their popularity.
“Therefore, a subsection related to the behaviour of MPs and state assemblymen can be included, like the Government taking action to prevent elected representatives from resigning to test their popularity,” he said.
Wan Ahmad acknowledged that there were views that having an anti-hopping law contravened the freedom to pick parties.
“But actually, the wakil rakyat is picked based on the party, and he contested under that particular party’s ticket, manifesto and beliefs.
“So if they choose to leave the party after they are elected by voters, it is a breach of trust,” he said.
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