Will the Sabah exodus from Bersatu be the first test case of the new anti-hopping law?

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Sabah Law Society president Roger Chin said the law was designed to prevent those elected from crossing over to another party after winning a seat.

“However, what if the elected representatives crossed over from one coalition party to another coalition party but remained in the same coalition? Was the law intended to stop this?

https://www.nst.com.my/news/politics/2022/12/859842/sabah-exodus-will-test-anti-hopping-law

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Sabah exodus will test anti-hopping law

By Olivia Miwil, Ersie Anjumin – December 11, 2022 @ 3:07pm

KOTA KINABALU: Sabah Bersatu quitting Parti Pribumi Bersatu Malaysia yesterday will likely see the new anti-hopping law being tested.

With the exodus of four members of parliament and 15 assemblymen from the peninsular-based Bersatu yesterday, questions also arose whether the four Sabah Bersatu members of parliament would risk their seats being vacated if they are found to have broken the the law.

The four MPs — Datuk Armizan Mohd Ali (Papar), Datuk Jonathan Yassin (Ranau), Datuk Matbali Musbah (Sipitang) and Khairul Firdaus Akbar Khan (Batu Sapi) — stood as Gabungan Rakyat Sabah candidates.

National Council of Professors’ Governance, Law and Public Management Cluster chief Professor Dr Nik Ahmad Kamal Nik Mahmood had said MPs from Sabah Bersatu who quit the party would not have to vacate their seats.

He said their actions did not fall under the anti-party hopping law passed on Oct 5.

Nik Ahmad Kamal said the representatives had contested on a GRS ticket, which is registered, and not on a Bersatu ticket.

However, the anti-hopping law is applicable only if one of the six GRS parliamentarians left the coalition and joined another party.

Sabah Law Society president Roger Chin said the law was designed to prevent those elected from crossing over to another party after winning a seat.

“However, what if the elected representatives crossed over from one coalition party to another coalition party but remained in the same coalition? Was the law intended to stop this?

“It must be recognised that Malaysia has seen coalitions governing rather than a majority party ruling by itself.”

With the change of “a member’s political party” in new Article 49A of the Constitution dealing with the change, Chin said the meaning of the words “a member’s political party” is far from clear.

He asked whether a “political party” meant an individual party like Umno and PKR, or did it also include a registered coalition like Barisan Nasional or GRS.

He said it had been reported that the GRS constitution allowed for the coalition to operate as a party, though its membership is based on political parties.

“If this is correct, then are members of parliament members of GRS, or only the party they are members of, for example, Bersatu members of GRS?

“There is not enough information to determine this issue.


https://www.nst.com.my/news/politics/2022/12/859842/sabah-exodus-will-test-anti-hopping-law

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Fate of four Sabah Bersatu MPs will be determined by anti-hopping law

Published:  Dec 11, 2022 4:13 PM

Updated: 4:38 PM

Bersatu president Muhyiddin Yassin said the fate of the four Sabah MPs who left the party yesterday will be determined by the anti-hopping law which came into force on Oct 5.

He said Sabah Bersatu continues to exist and function despite its former chairperson Hajiji Noor and his followers having announced quitting the party.

“The position of four MPs who contested under the GRS logo in the recently concluded general election (GE15) will be determined based on the anti-party hopping law under Article 49A of the Federal Constitution,” Muhyiddin (above) said in a statement today.


https://www.malaysiakini.com/news/647723

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