KOTA KINABALU: A little known Independent candidate in Sabah’s interior Tenom seat will be creating a debate on the newly-enacted anti-hopping law if he wins in GE15.
Riduan Rubin’s (pic) move to join Parti Kesejahteraan Demokratik Masyarakat (KDM) six days after filing his nomination papers as an Independent on Nov 5 has raised questions whether the anti-hopping law would apply to someone who crossed the floor before the Nov 19 polling day.
Legal experts argue that the law is silent over a representative who crosses the floor before ballots are cast and is only effective after the winner has been declared.
Political observers meanwhile insist that the law takes effect on the day the candidate files his nomination papers.
Riduan, whose father is the influential GRS assemblyman for Kemabong, Datuk Rubin Balang, is now seen as a frontrunner for the Tenom seat after he joined KDM, led by Datuk Peter Anthony whose nomination for the seat was rejected.
Riduan, who is using the symbol of an elephant, is up against incumbent Noorita Sual of Pakatan Harapan and Barisan Nasional’s Jamawi Jaafar, among others, in the five-cornered contest.
Sabah Law Society (SLS) president Roger Chin said he believes that as Riduan was a registered member of KDM before election day, there was nothing in the anti-hopping law to disqualify him from being declared a KDM MP if he wins.
Senior lawyer Datuk Ansari Abdullah also agreed that there was nothing in the current law to stop him joining a political party before he is elected. But if he is elected, his election is as an Independent and not a member of a political party.
Sunway University’s political scientist Prof Wong Chin Huat, however, argued that the candidate is elected based on the ballot on nomination day.
He said under Article 49A(1)(b) of the anti-hopping law, anyone elected under a particular seat must vacate it if he leaves or joins another party.
“Having membership or without membership has to be ascertained based on the logo printed on the ballot paper that is determined on nomination day,” he said.
As such, he said Riduan, if elected, has to remain an Independent for the full term of Parliament.
Wong argued that by joining KDM midway through the general election, Riduan was setting himself up for the conditions in which his seat would be declared vacant if he wins it.
“Hence, if Riduan is elected, a by-election will have to be held within 81 days from the day the new Parliament is convened,” he said.
He also believes that Anthony was taking in Riduan to hasten a by-election in the Tenom seat.
The Sabah interior agricultural district hit the national spotlight on nomination day when police were forced to use tear gas to disperse Anthony’s supporters trying to barge their way into the nomination centre.
Anthony later that he will be filing an election petition over the rejection of his nomination papers.
The Melalap assemblyman is appealing a Kuala Lumpur Sessions Court decision earlier this year to fine him RM50,000 and jail him for three years for corruption. He obtained a stay order on the conviction.
If Riduan wins, a legal challenge over his position in Parliament is likely to be filed as many need the court to interpret if his crossover before polling day would be considered “legally” acceptable.
