Anti-hopping law won't affect MPs who are expelled from parties, says Wan Junaidi

PUTRAJAYA: Members of Parliament (MPs) who are expelled from their political party will not be affected by the proposed anti-party hopping law, says Datuk Seri Dr Wan Junaidi Tuanku Jaafar.

The Minister in the Prime Minister's Department (Parliament and Law) said this is among the contents of the anti-party hopping Bill that is expected to be tabled in the coming Parliamentary meeting in July.

He said the proposed anti-party hopping law provisions would only apply to MPs who quit their party and decided to become independent or switch allegiance to another party.

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"In that event, the individual will cease to become an MP, triggering a by-election in the constituency," he told a press conference here on Thursday (May 26).

The de facto law minister said the by-election must be held within 60 days after the Speaker of the Dewan Rakyat receives notification of a seat vacancy.

He said the MP would also be allowed to contest in the by-election and seek to be re-elected.

"If the constituents feel the MP who party-hopped deserves to be their representative, they have the right to re-elect them.

"The spirit of the law is that the people have the mandate to choose who represents them as an MP," said Wan Junaidi.

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He added that the provisions of the Bill had received the endorsement of the bipartisan Parliamentary Special Select Committee (PSSC).

For those expelled from a party, Wan Junaidi said they would not lose their seats and may continue to be MPs.

He explained that the PSSC felt that if an MP was sacked from a party, it would be unfair to categorise it as party-hopping.

On calls to include a recall law in the anti-party hopping legislation, Wan Junaidi said that would require further deliberation due to its complex nature, and therefore would only be included in a "phase two" enhancement of the law.

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Wan Junaidi also said the creation of the anti-party hopping law would be by way of Constitutional amendments, without the need for a fresh, separate Act.

If all went well, Wan Junaidi said the proposed law could be passed and enforced as early as September or early January.

The law is a key element in the memorandum of understanding (MOU) between the government and Pakatan Harapan Opposition bloc signed last September.

The MOU aimed to establish political stability amid the Covid-19 epidemic.