KOTA KINABALU: Sabah can have its own anti-party hopping enactment but it should be consistent with the law at federal level, says the Sabah Law Society.
Its president Roger Chin (pic) said the state legislative assembly had the power to enact its own anti-party hopping law but such changes need to be consistent with the Federal Constitution.
"In theory, Sabah can have its own laws but in reality, it would seem it cannot stray too far from the federal anti-hopping law," he said.
Chin said suggestions for recall elections in the event an elected representative leaves his or her party could be enacted by the state but the Federal Constitution also needs to be amended for it to have any effect.
"So in theory, you could adopt any of the provisions to tighten the anti-party hopping law in the state but in reality the state is hampered with what it can really do.
"The problem is if you don't follow the same lines as federal law, will the Federal Government amend their laws to suit state amendments?" he asked, adding that state amendments would not have any effect.
During a Bersih-sponsored talk about anti-party hopping law for the state, the discussion centred on the need to strengthen the law to suit the situation in Sabah, a state where party hopping had led to the collapse of state governments.
During the discussions, Parti Bersatu Sabah information chief Datuk Joniston Bangkuai and Kota Kinabalu MP Chan Foong Hin suggested that Sabah now had a chance to look at it closely and introduce improvements.
"To me, it does not have to be exactly the same as the federal version as we have to look at Sabah's situation," he said referring to the 2018 General Election where Sabah Barisan Nasional fell after a party pulled out of the coalition.
The federal anti-hopping law allows for parties to switch out of coalition but not individual representatives.
Another loophole they pointed out was that elected representatives who were sacked by their parties would not lose their seats, putting the party at a disadvantage in firing the person.
