KAJANG: Any attempt by political parties to amend its constitution to prevent its members, especially members of parliament, from switching allegiance to the opposing side can be challenged in court.
Dewan Negara president Tan Sri Dr Wan Junaidi Tuanku Jaafar this is because the amendment could only be approved by the Registrar of Societies (RoS), besides also suggesting that the government needs to amend the Anti-Party Hopping Act to address loopholes within.
"When a party decides on an amendment, only the RoS can determine if the said amendment is valid or not after the amendment is approved. However, ultimately, it is the courts that can rule if it (amendment) is adequate (fulfils legal requirements).
"(In this case), an amendment to the law is much better to address the matter as it is more detailed and is from the law itself rather than being explained elsewhere," he said.
Wan Junaidi was speaking to reporters after attending the 'Bicara Tokoh' talk organised by the National Council of Professors (MPN) that discussed the topic "The Anti-Party Hopping Act and Government Stability" here today.
Also present was MPN president Prof Datuk Dr Raduan Che Rose.
Umno secretary-general Datuk Dr Asyraf Wajdi Dusuki last week said that the party's constitution amendment in January last year prevents its members of parliament from defying party decisions, including throwing support to anyone for the post of prime minister.
In addition, Umno MPs who joined any 'coalition' not affiliated with the party would also automatically lose their (party) membership, he said.
At the same time, the constitutions of DAP and Amanah also state that any of their elected representatives who defy the party's instructions on fundamental issues will automatically lose their membership. -- Bernama