KOTA KINABALU: History was made at the Sabah Legislative Assembly when it passed the long-awaited Anti-Party Hopping law.
But it came with a huge twist.
While elected assemblymen will be disqualified if they move from one party to another, the six appointed assemblymen have been exempted from law and are free to party hop.
More controversially, the assembly also passed another amendment to delete a provision that prevents “power grabs” using appointed assemblymen.
The passing of the anti-hopping Bill was, in fact, overshadowed by the deletion of Article 6(7) that provides a guide for the Yang di-Pertua Negeri in appointing a Chief Minister after an election.
The Article, seen as an “anti-power grab” mechanism, was introduced in 1990 to prevent defeated parties from forming a state government, by padding their numbers using the six nominated assemblymen.
The deletion of Article 6(7) was tabled together with the Anti-Party Hopping Bill by Chief Minister Datuk Seri Hajiji Noor.
The Anti-Party Hopping Bill received overwhelming backing, with 75 of the 79 assemblymen present giving their nod.
However, 14 Warisan assemblymen did not support the amendment to remove Article 6(7).
It was still passed, with all 61 assemblymen from Gabungan Rakyat Sabah, Pakatan Harapan and Sabah Barisan backing it.
Sabah Barisan chairman Datuk Bung Moktar Radin, Parti KDM president Datuk Peter Anthony (KDM-Melalap), his deputy Datuk Wetrom Bahanda (KDM-Bandau) and Barisan nominated assemblyman Datuk Suhaimi Nasir were absent.
The House voted separately for the two amendments.
Warisan president Datuk Seri Shafie Apdal strongly objected to the deletion of Article 6(7) which is seen as a guide for the Governor to appoint his Chief Minister from the leader of the party that wins the most seats.
He is not to take into consideration the appointed assemblyman.
Pakatan’s Upko president Datuk Ewon Benedick had also objected to the removal of the clause at first, but later changed his mind when Hajiji explained its rationale.
Hajiji said the clause was no longer relevant and the Governor could pick any member of the House as Chief Minister as long as he could command the confidence of the majority.
He said the Chief Minister did not have to be the leader of the political party with the most elected representatives.
Shafie, however, contended that the clause was necessary and should be maintained.
“Its no longer relevant in the current state of affairs,” said Hajiji, who won his seat on a Bersatu party ticket before leaving to take over Parti Gagasan Rakyat Sabah (PGRS).
Sabah’s Anti-Party Hopping Law will be different from the rest of the country in that the six nominated assemblymen will not be subjected to its provisions.
Hajiji said the six – whose rights are equal to that of elected representatives, including during votes of confidence for government – were not subjected to the law because they did not represent any electorate or constituency.
Hajiji said the party hopping culture in Sabah had disrupted government’s stability and its plans.
“This has raised a lot of debates,” Hajiji said.
The law will not be used retrospectively but will be enforced only when it is gazetted.
Assemblymen crossing over within parties in a coalition will also be considered to have hopped and will have to vacate their seats.
In defining “membership” further, he said even direct members of a coalition party would be subjected to the anti-hopping law if they move out.
If an assemblyman is made Speaker, he will not be required to vacate his seat.
Under the Sabah Constitution, 73 assemblymen are elected while the government can appoint six nominated assemblymen.
