Expulsion from party among conditions that will not result in MPs losing seat under proposed Anti-Hopping Bill

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Dato Sri Wan Junaidi Tuanku Jaafar speaking at the Dewan Rakyat on July 18, 2022. – Bernama photo

KUCHING (July 21): Members of Parliament who have been expelled from their party are not required to vacate their seat under the proposed Anti-Hopping Bill, which is expected to be debated in parliament next week, said Dato Sri Wan Junaidi Tuanku Jaafar.

The Minister in the Prime Minister’s Department (Parliament and Law) also said a member of a party who is expelled from a party, whether or not he joins another political party or forms a new political party, will not cease to be a member of parliament.

He said this was one of three conditions that would not result in a vacancy in parliament under the proposed law.

The others involve MPs whose parties had been dissolved or deregistered, and if an MP is elected as Speaker, he said when contacted by The Borneo Post yesterday on the highly anticipated Bill which will introduce Article 49A into the Federal Constitution if passed.

Wan Junaidi also pointed out that an MP will not be required to vacate his seat if his party decides to leave a coalition or forms a new one, or if his party merges with another party and is dissolved to become a new party.

He emphasised that under the proposed law, if a person as a member of a political party is elected to Parliament but quits the party, he will cease to be a member of the august House and his seat will become vacant.

The same shall also apply to an independent candidate who, having been elected to Parliament joins a political party, he said.

“The proposed Bill will cover not just members of a political party but Independent elected representatives too,” Wan Junaidi said, adding that the words ‘member of a political party’ in the Bill includes Independent MPs who are members of a coalition.

He added that if the Speaker receives a written notice from any MP on a vacancy in Parliament, the Speaker will notify the Election Commission within 21 days of receiving the notice and the seat will then have to be filled within 60 days.

It is learnt that the new law also contains provisions against double membership.

A person cannot be a member of both Houses of Parliament at the same time, nor can he be elected to the House of Representatives for more than one constituency or to the Senate for more than one state, nor be both an elected and an appointed member of the Senate.

Last week, Wan Junaidi reiterated the government’s commitment for the second reading of the proposed bill to be held on July 27 and 28, subject to the discretion of the Speaker.

The long-debated Bill was originally scheduled to be tabled on April 11 but it was postponed due to disagreements among MPs over its framework.

This anti-hopping Bill is one of the main components in the Memorandum of Understanding on Transformation and Political Stability (MoU) inked by the government and Pakatan Harapan (PH).

The purpose of this Bill is to prevent MPs from switching parties for their own personal gain, which in turn would lead to political instability.