KUALA LUMPUR: The rigorous process in the formulation of the Anti-Party Hopping Bill, which was passed in July last year, was an outcome of an extensive study addressing the present needs of Malaysia.
Dewan Negara president Tan Sri Dr Wan Junaidi Tuanku Jaafar, who is a former law minister, said the study to formulate the bill was crucial following the political instability seen in Malaysia what with the multiple change of prime ministers and federal governments since 2018.
"I initiated the start of this study to amend the law when I had served as a Minister in the Prime Minister's Department who was in charge of law in August 2021 because in my opinion, it is very much needed. It is critical for the country's political stability following the change of government in 2018 which had led to a change of three prime ministers and more than 30 politicians switching parties.
"Following my initial study from early September 2021 to March 2022, I provided guidance to the Attorney General's Chambers to draft the initial version of this law.
"I instructed the Attorney General's Chambers to include necessary measures to address party members who switch parties, defy their party's directives or positions, and disregard their respective Party Whip's instructions in Parliament," said Wan Junaidi in a statement today.
He said the research process included an examination of practices from countries like India, the United Kingdom, Singapore, and New Zealand, focusing on how they deal with politicians changing their political allegiances.
"There were some examples flaws in its practice as seen in India's legislation where the Speaker of the House was not given a time limit to respond to a letter regarding a change in political party allegiance.
"This was rectified in (Malaysia's) Anti-Party Hopping Bill 2022, where the Dewan Rakyat Speaker of the House must decide on a notice of party membership exchange after 21 days of receiving it.
"Another example was from the United Kingdom Parliament involving any member of parliament who defies an instruction from a Party Whip in Parliament will face expulsion and a loss of a seat in Parliament."
Wan Junaidi said the initial draft of the bill was formulated following multiple discussions and engagements involving party leaders, MPs from Peninsular Malaysia, Sabah and Sarawak, academics, NGOs, and diverse community organisations.
"Explanations were provided four times to the cabinet from September 2021 to March 2022, but the draft did not receive unanimous approval, especially concerning clauses related to party switching, defiance of party directives, and failure to follow the Party Whip's instructions in Parliament.
"Eventually, the first draft was rejected by the cabinet in April 2022."
He said during that meeting, the cabinet resolved to instruct the Attorney General's Chambers to prepare an amendment to Article 10 of the Federal Constitution. This amendment was aimed at empowering the government to pass a parliamentary act addressing offences related to party hopping.
He said separate briefings were held on April 10, 2022, for Pakatan Harapan and Barisan Nasional to discuss the draft Bill amending Article 10 of the Federal Constitution.
"However, both parties opposed the amendment draft to Article 10 of the Federal Constitution, citing its broad and generic nature, which they believed could potentially be misused by the government."
"The second draft also faced opposition, so on April 11, 2022 the Prime Minister (at that time it was Datuk Seri Ismail Sabri Yaakob), after discussing with leaders of Pakatan Harapan and Barisan Nasional, decided to refer the matter to the Parliamentary Special Select Committee which was chaired by myself (Wan Junaidi).
"During a special session on April 11, 2022, a proposal was presented to establish the Special Parliamentary Select Committee to study and formulate the anti-party hopping laws, and the proposal passed with my appointment as the select committee's chairman."
Wan Junaidi said the Special Parliamentary Select Committee conducted engagement sessions with all MPs, academics, NGOs and various community associations, providing detailed explanations to all party leaderships and the cabinet regarding the amendment proposal.
He said during a tabling at the Dewan Rakyat on July 28, 2022, Gobind Singh Deo and Khalid Abdul Samad proposed reinstating clauses from the initial draft.
"These clauses permitted each party to manage members who defy their party leadership, disobey Party Whip instructions in Parliament, and commit offences related to party hopping within their respective party constitutions.
"As I have explained to several media outlets before, any amendments were only proposed if the Bill was found to have inadequacies. However, the passed Anti-Party Hopping Bill 2022 was the most suitable according to the country's interests after undergoing thorough research and an intensive and comprehensive engagement process with all stakeholders.
"Amending the Bill also required a lengthy process and the approval of a two-thirds majority in Dewan Rakyat.
"Regarding suggestions to amend the Anti-Party Hopping Bill 2022, I believe appropriate actions can be taken within the political parties themselves by establishing a list of offences that could automatically disqualify a party member based on violation of conditions specified in that list," said Wan Junaidi.