Speaker should have no power over anti-hopping law: Bersatu veep

The Federal Constitution’s provisions to prevent party-hopping should be fine-tuned such that it is not subject to the Dewan Rakyat speaker’s interpretation, Bersatu vice-president Ronald Kiandee reportedly said.

This would ensure the speaker has no power to interpret the constitution, which would make the anti-hopping law ineffective and be seen as a tool for the government in power, the New Straits Times reported.

Ronald (above) reportedly said this to the English-language daily today when commenting on Prime Minister Anwar Ibrahim’s statement that the government is open to discussing plugging loopholes in the anti-hopping law.

“If he (Anwar) wants to do it (the amendment), go ahead as this has been proposed in Parliament several times.

“I, myself, have already suggested that (the proposal) many times but it had no impact on the government as the law is seen to be giving them the upper hand,” he said.

The Beluran MP added that if the law is not improved, it should be repealed as it does not fulfil the intended purpose of its enactment in the first place.

“So might as well repeal the law if it does not serve the purpose, isn't it?” he was quoted as saying.

Bersatu submitted a notice to Dewan Rakyat speaker Johari Abdul informing of vacancies in six parliamentary seats after the party terminated their memberships. This came after the six MPs went rogue by pledging support for Anwar against the party’s wishes.

The six are Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Suhaili Abdul Rahman (Labuan), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), and Dr Zulkafperi Hanapi (Tanjong Karang).

Despite this, Johari declared the six MPs do not need to vacate their seats.

READ MORE: Speaker opens floodgates for govt MPs to rebel without consequence

In a letter sighted by Malaysiakini, Johari argued the rule Bersatu used to forfeit the memberships of the MPs had violated their constitutional rights and the Parliament rule that guaranteed their freedom to speak, debate, and vote.

Anwar had blamed the legal loophole enabling the defection on the opposition, saying that when the anti-hopping rules were added to the constitution in 2022, Bersatu rejected a clause where MPs sacked from their parties would have lost their seats.

“Bersatu objected to it, that’s why (sacked MPs) are exempted. So, you have to read the Federal Constitution,” he was quoted as saying yesterday.

Another issue of contention is Article 49A(3) of the constitution, which states that upon receiving written notice of a casual vacancy in the Dewan Rakyat, the speaker “shall establish that there is such a casual vacancy and notify the Election Commission accordingly within 21 days from the date he received the written notice”.

It has been argued whether the provision means the political party’s role is merely to inform the speaker of an MP’s resignation or termination from the party, for the speaker to decide whether there is a vacancy, or the speaker has no say on the matter and should merely carry out the party’s wishes by informing the EC of a vacancy.

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