Speaker erred in anti-hopping law ruling, claims Bersih

Dewan Rakyat speaker Johari Abdul had made a mistake in rejecting Bersatu’s bid to vacate the seats of six MPs whose party membership had been forfeited, claimed Bersih.

The electoral watchdog asserted that the speaker erred in understanding the mechanism of the anti-hopping law and disregarded the principles and intentions behind the enactment, which may lead to political instability in the future.

“This situation raises concerns about the effectiveness of the law in achieving its original goal of ensuring political stability in the country,” Bersih said in a statement today.

On July 9, Johari said that Bersatu’s rule of memberships being forfeited when MPs go against the party, went against the Federal Constitution and Parliament rules that guaranteed lawmakers freedom to speak, debate, and vote.

Hence, he decided that five of the six MPs need not vacate their seats.

In the case of the sixth MP, Labuan lawmaker Suhaili Abdul Rahman, Johari declined to make a ruling as the former had initiated legal action against Bersatu.

Clear implications

Bersih noted that an infographic from the Legal Affairs Division explaining the anti-hopping law mechanism clearly describes the implications of not adhering to party decisions.

The infographic slide - which dates back to November 2022 - provides an example where non-compliance with party decisions, according to the party’s constitution, means those members are considered to have switched parties and must vacate their seats.

The mechanism described in the infographic is the same as the rules employed by Bersatu, DAP, Umno and other parties to circumvent rebellious MPs who don’t quit the party.

Johari’s ruling, however, means that these rules could be rendered defective.

Tindak Malaysia likewise criticised the speaker, saying his ruling could have long-lasting consequences.

“Tindak Malaysia is deeply concerned by the decision to jeopardise the spirit of the anti-party hopping law.

“The anti-party hopping law was enacted to provide the necessary stability of the government and protect the opposition’s role in Parliament.

“We call upon all parties and speakers of Dewan Rakyat and state assemblies to respect the spirit of the anti-party hopping law for the sake of the viability of our fragile democracy,” it said in a statement.

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