KUALA LUMPUR: Malaysia should consider introducing a recall election, such as practiced in Taiwan and the United States where voters are the ones to decide if elected representatives should vacate their seats due to party hopping or poor performance.
The call, made by Coalition for Clean and Fair Election (Bersih) executive director Ooi Kok Hin, came amid continuing debate on the six ex-Parti Pribumi Bersatu Malaysia (Bersatu) leaders retaining their parliamentary seats following a decision by the Dewan Rakyat speaker Tan Sri Johari Abdul.
He said Johari and Prime Minister Datuk Seri Anwar Ibrahim have erred in 'approving'the Bersatu MPs to retain their seats, despite a notice by the party to have them vacated.
Bersatu had amended its constitution to stipulate that any member who is an elected representative and does not follow the supreme council's directives will cease to become its members.
Under the current anti-party hopping law, the six MPs should have vacated their seats, Ooi said.
"This should be the case until and unless it is ruled unconstitutional by the federal court."
Under Article 49A of the Federal Constitution, there are three ways that MPs can lose their seats, either by leaving the party to become independent, leaving the party to join another, or independent MPs joining any party.
The six Bersatu members of parliament whose memberships were revoked after declaring their support for the unity government were Azizi Abu Naim (Gua Musang), Datuk Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), and Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang) and Datuk Dr Suhaili Abdul Rahman (Labuan).
Bersatu had last month submitted a notice to the speaker to have the seats of six members of parliament to be vacated as they had ceased to become party members.
Lawyer Nizam Bashir said the speaker's role was to inquire, in a mere administrative sense, whether the facts are what Bersatu chief whip Datuk Seri Dr Ronald Kiandee says is, in the case of the notice submitted to inform of the casual vacancy among its MPs pursuant to Article 49A of the Federal Constitution.
"Nevertheless, we are where we are because the party whip's view or notification was not read in light of the amendments made to the Bersatu Constitution as the honourable speaker appears to have arrogated to himself non-statutory powers to declare whether those amendments were valid or otherwise.
"Which is why we hear a lot of calls for introducing recall elections.
"Meaning, when it comes to deciding who is entitled to be the voice of the people, let the people decide," he said.
He said there were cases which affirm that the court can intervene in matters where the speaker has no power, where the privilege does not attach in those instances.
Prime Minister Datuk Seri Anwar Ibrahim earlier said the government was open to discussing amendments to the anti-party hopping law to address gaps in the legislation.
PH had proposed amendments to the law in 2022, which would see anyone expelled by their party automatically lose their seat.