PETALING JAYA: Bersatu’s proposed amendment to its party constitution is unlikely to affect the position of its six MPs who broke with party lines to support the Prime Minister, say experts.
While Bersatu seeks to amend Article 10 of its constitution to avoid instances of its elected representatives expressing support for the other side, experts said such amendments would not likely be retroactive.
Assoc Prof Dr Azmil Mohd Tayeb of Universiti Sains Malaysia said the amendment could not be enforced retroactively and would not have legal standing in court.
Thus, he doubted it would affect the six MPs who earlier broke with party lines to declare their support for Prime Minister Datuk Seri Anwar Ibrahim.
“The party has the right to discipline its members and to keep them in line.
“A party constitution is a legally binding document and has to be adhered to by party members.
“If this amendment passes, then future Bersatu MPs might find it hard to switch their allegiance,” he said when contacted yesterday.
Prof Azmil added that the six MPs had taken advantage of a loophole in the anti-hopping law in which elected representatives could still keep their seats by giving support to their adversaries without quitting their party.
“But I doubt that the government will close the loophole since it’s working to its benefit now,” he said.
Assoc Prof Dr Tunku Mohar Tunku Mohd Mokhtar of International Islamic University Malaysia is also of the view that if Bersatu amends its constitution, it is not likely to affect the six MPs.
“I think the amendment will be straightforward unless Bersatu wants to make it retroactive, in which case, this depends on whether this is permissible according to Registrar of Societies (ROS) rules and other relevant laws,” he said.
Tunku Mohar also noted that the anti-hopping law had loopholes in the sense that MPs could still support the other side of the aisle without having to vacate their seats.
As such, parties such as the DAP, Amanah and Umno have addressed this loophole by amending their constitutions.
“Bersatu is now planning to do the same. So far, there is no test case to suggest the legality or constitutionality of this rule. If there’s such a case in the future, it’ll be clear if this rule is legal,” he said.
Prof Datuk Dr Sivamurugan Pandian of Universiti Sains Malaysia said Bersatu’s amendment could only affect those who make such a decision after the amendment.
He noted that party constitutions had been reciprocating to close the gaps in the anti-hopping law.
Lawyer New Sin Yew described the anti-hopping law as “a donut with a major hole in the centre”.
“So depending on how Bersatu amends its constitution, it could close that hole insofar as its MPs are concerned.
“The thing is, the law was made with the intention of having that hole in the middle.
“Party members being able to express support for the other side without losing their seat is wholly intended by the anti-hopping law.
“If the government wants to address the issue of hopping, then it should amend the definition of hopping from just resigning from the party to include supporting or showing confidence in the other side,” he said.
However, New said even then it would not be the ideal solution as it presented its own set of problems, adding that the most democratic way was to have a recall petition.
On Jan 24, Tanjong Karang MP Dr Zulkafperi Hanapi pledged his support for Anwar, becoming the sixth MP from Bersatu to do so in recent months.
The others were Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Suhaili Abdul Rahman (Labuan) and Mohd Azizi Abu Naim (Gua Musang).
