KUALA LUMPUR: The four members of parliament and 15 assemblymen from Sabah's Parti Pribumi Bersatu Malaysia who quit the party will not have to vacate their seats.
National Council of Professors' Governance, Law and Public Management Cluster chief Professor Dr Nik Ahmad Kamal Nik Mahmood said their actions did not fall under the new anti-party hopping law, passed on Oct 5.
He said the 15 assemblymen were not covered by the law at all as it applies only to MPs and Sabah had yet to enact any such law for state assemblymen.
"As for the four MPs, they contested under the Gabungan Rakyat Sabah (GRS) banner, which has been officially registered, and not under Bersatu. Even though these MPs are from Bersatu, in this situation, it (the law) doesn't apply.
"GRS had also already taken the decision to not be with Perikatan Nasional (the coalition which includes Bersatu) and to form a unity government at federal level, so their MPs do not fall under the jurisdiction of the anti-party hopping law which would otherwise require them to vacate their seats," he told Berita Harian when asked to comment on Sabah Bersatu leaders leaving the party.
The law, he said, would only apply if one of the six GRS parliamentarians were to leave the coalition and join another party.
Under the Oct 5 amendments to the Federal Constitution, an MP must vacate his or her seat upon leaving the party under which he or she contested an election.
Several states have moved to amend their own state constitutions when it comes to assemblymen, in line with the anti-party hopping law.
In October, GRS chairman and Sabah Chief Minister Datuk Seri Hajiji Noor had said the state government would take similar amendments to the state legislative assembly after the 15th General Election. However, it has yet to do so.