The anti-hopping law was mooted as a bipartisan response to the so-called ‘Sheraton Move’ when political defections brought down the Pakatan Harapan-led federal government back in 2020. – Bernama photo
HAS the newly-implemented anti-hopping law put the shackles on aspiring candidates desiring to contest as independents this 15th General Election (GE15)?
Independent candidates have long been labelled as ‘vote splitters’, with many ending up losing their election deposits for failing to garner the required one-eighth, or 12.5 per cent, of the total votes cast.
On Oct 4 this year, de facto law minister Datuk Seri Wan Junaidi Tuanku Jaafar announced that the law would come into effect on Oct 5.
The anti-hopping law was mooted as a bipartisan response to the so-called ‘Sheraton Move’ when political defections brought down the Pakatan Harapan-led federal government back in 2020.
It was also part of the Memorandum of Understanding (MoU) signed between the PH coalition and Prime Minister Datuk Seri Ismail Sabri Yaakob.
Prior to the implementation of this law, an independent candidate who won in an election could join a political party to continue his struggle.
Take for instance Lubok Antu incumbent Jugah Muyang, who won the seat in 2018 as an independent before joining PKR in May that year. He then quit the party in June 2020 to once become an independent MP.
Come GE15, Jugah will contest on a Parti Pribumi Bersatu Malaysia (Bersatu) ticket.
It has been reported that the implementation of the anti-hopping law will cause MPs and state assemblymen to lose their seats if they switch parties, or if they join a party after being elected as an independent.
The question that comes to mind is, will this anti-hopping law see fewer independent candidates taking part in GE15, knowing that they will not be able to join a party afterwards?
Article 49A of the law reads: Clause (1) of the new Article 49A provides, inter alia, that a member of the Dewan Rakyat (‘MP’) shall cease to be a member of that House and his seat shall become vacant if the MP:
(a) having been elected to the Dewan Rakyat as a member of a political party, resigns as, or ceases to be, a member of that political party; or
(b) having been elected to the Dewan Rakyat otherwise than as a member of a political party (i.e. an independent candidate), joins a political party as a member.
University of Technology Sarawak law lecturer Mohd Kamarul Anwar certainly believes so.
He pointed out that the anti-hopping law is applicable to independent candidates and the law prohibits them from joining any political party after the election.
The anti-hopping law requires MPs who defect from the political party they represented as an election candidate, or who become independent MPs, to vacate their seats, added Mohd Kamarul.
“Take note also to Article 49A(2)(c) of the anti-hopping law, which mentions that a member of the Dewan Rakyat shall not cease to be an MP if he is expelled from his political party.
“The expelled MP is then free to join another political party, and he can be an independent candidate.
“They still can join the election as an independent candidate, as they are not selected by the top party leaders representing any political party.”
Former Bukit Assek assemblywoman Irene Chang sees the anti-hopping law playing a big part in this coming election as far as individual elected MPs are concerned.
“This includes the independents. I believe this would put a momentary brake on all MPs from betraying the people’s mandate without any second thought.
“So, the likelihood of instability of enticing one or two MPs over to their side of the political fence should be greatly reduced. Logically speaking, this should also reduce the number of corrupt practices through individual MPs,” said Chang, a lawyer by profession.
“As we are now facing GE15, and it has been perceived that it is quite likely that there might not be a clear winner. It is also likely that both sides of the political divide would scuttle to win over a whole political party to form new alignments or coalitions in order to form or strengthen the government coalition.
“Small parties with a few victorious MPs would be especially appealing. This of course, would not be caught by the anti-hopping law. However, it goes to say that it should be more difficult to entice a whole political party rather than individual MPs,” she opined.
She hoped that through this law, those who are reluctant to come out to vote because they feel that their vote has no value as it could easily be betrayed by unethical MPs, should now feel more assured and confident that their mandate, to a certain extent, would be protected by the anti-hopping law.
Sarawak United People’s Party (SUPP) organising secretary Tony Hii, meanwhile, opined that the law will not have any impact on the number of independent candidates contesting.
He reasoned that it all boils down to the candidates themselves.
Furthermore, those standing as independents have a slim chance of making the cut, he said.
“So, even with the anti-hopping law, I think it will still be the same for those intend to come out (as independents),” said Hii, also a lawyer by profession.
PKR Sarawak information and communication chief Abun Sui Anyit believes that with the passing of the anti-hopping law, voters might opt for major political parties instead of independent and fringe party candidates in both general and state elections.
The PKR Belaga chairman, who is also a lawyer by training, said the new law would have a chilling effect on independent candidates and fringe parties in elections as the narrative would be about forming the next government.
Abun opined that there would be fewer ‘opportunist’ independent candidates and a more united opposition in Sarawak.
On the local front, the hot seat of Sibu has yet to see any independent candidate expressing intent to join the fray.
The Lanang seat, however, will likely see local businessman Dato Wong Tiing Kiong throw his hat into the ring to contest as an independent.
Having relinquished his Kapitan post and purchased his nomination forms, he will go up against Gabungan Parti Sarawak (GPS) candidate Wong Ching Yong, Parti Bumi Kenyalang (PBK) secretary-general Priscilla Lau, and DAP incumbent Alice Lau.
Born and bred in Sibu, Tiing Kiong is a familiar figure among the local populace, known to be friendly, outspoken and very down-to-earth.
His motive to contest Lanang as an independent remains unclear, although what is certain is that should he be victorious, he would have to remain as an independent MP or be deemed to have infringed the anti-hopping law.
The same would apply to Sri Aman incumbent Datuk Masir Kujat, who has announced that he will defend the seat as an independent using the ‘pokok’ (tree) symbol.
By this morning, the exact number of independent candidates taking part in GE15 will be known.
Come polling day, we will know how many of them will have succeeded in becoming MPs, and whether the anti-hopping law will compel them to remain as independent MPs