THE Coalition for Clean and Fair Elections (BERSIH) has asserted that Dewan Rakyat speaker Tan Sri Johari Abdul has erred in understanding the mechanism of the Anti-Hopping Law (AHL), thus has disregarded the principles and intentions behind the enactment of such law which may lead to political instability in the future.

This situation, according to BERSIH, raises concerns about the effectiveness of the law in achieving its original goal of ensuring political stability in the country.

Moreover, Article 49A(1) of the Federal Constitution outlines three reasons for a Dewan Rakyat MP to cease holding office, namely (i) switching parties; (ii) resigning from party membership; or (iii) no longer being a party member.

“At least four of the six Bersatu MPs (Bukit Gantang, Kuala Kangsar, Labuan, and Tanjong Karang) had their membership revoked for failing to comply with Bersatu’s Supreme Council directive not to support the Prime Minister (Datuk Seri Anwar Ibrahim),” argued the coalition of NGOs for clean election.

“Bersatu amended its party constitution to stipulate that any Bersatu member who is an elected representative in the Dewan Rakyat or state legislative assembly who does not follow the supreme council’s directives will immediately lose their membership.”

It should therefore be noted that Bersatu’s constitutional amendment to include the provision for automatic membership termination for non-compliance with party directives is similar to amendments made by DAP, AMANAH and UMNO, according to BERSIH.

Thus, the coalition of NGOs for electoral reforms contended that Johari should respect the party constitution of Bersatu and other political parties, especially in aligning the enforcement of the Anti-Hopping Law or Act 1663.

Additionally, BERSIH claimed that enactment of Act 1663 and the amendment to the Federal Constitution [Constitution (Amendment) Act (No. 3) 2022] was also one of its demands, followed by the memorandum of understanding (MOU) between the government and the opposition in 2021 which received the support of 209 MPs at the time.

“Therefore, BERSIH believes the speaker has missed an opportunity to enforce and strengthen this Act, supported by two-thirds of the Dewan Rakyat when it was tested for the first time in the nation’s political history,” lamented the coalition.

“The speaker’s decision will once again create legal loopholes and erode public confidence in the sanctity of the constitution and the rule of law, principles that underpin the National Principles (Rukun Negara).”

Added BERSIH: “This decision will also further sharpen the divide between the government and the opposition, making professional cooperation for reforms more difficult, and freeing Parliament from the constraints of the executive body, thereby reinforcing the perception that the government is more interested in maintaining power than doing the right thing.” - July 11, 2024

https://focusmalaysia.my/bersih-bersatu-mps-who-support-pmx-must-vacate-their-seats/