Anti-hopping law crystal clear, says ex-speaker amid controversy over MPs keeping seats

The constitutional provision for vacating an MP's seat has been clearly spelt out so that any decision on dealing with turncoat MPs can be easily made, says former Dewan Rakyat speaker Azhar Azizan Harun as controversy rages over the decision not to declare six opposition seats vacant despite the actions of their MPs resulting in their loss of membership in Bersatu. 

Azhar was referring to Article 49A (1)(a)(ii), the result of the constitutional amendments in 2022 which were unanimously passed in the Dewan Rakyat during his time as speaker.

He said the specific clause deals with the kind of situation faced by the six MPs who defied Bersatu's constitution by declaring their support for the government.

According to the clause, an MP can be disqualified if he resigns from his party or ceases to be a member.

Azhar said as a former speaker, he did not want to judge the actions of his successor, adding however that there was no ambiguity in the clause. 

The constitutions of Bersatu and DAP, as well as the loyalty pledge to BN chairman Ahmad Zahid Hamidi signed by the coalition's candidates before the 15th general election, were all designed to ensure that MPs toe the party line.

"This provision under the law is very clear," Azhar, a lawyer with more than three decades of experience, told MalaysiaNow.

On Wednesday, speaker Johari Abdul informed Perikatan Nasional (PN) that he would not declare the seats of six Bersatu MPs representing the coalition as vacant, sparking outrage among MPs as well as criticism from legal experts and some government leaders who questioned his impartiality.

Azhar said the amendments to the anti-hopping law were passed after careful deliberation and a prolonged debate, as well as the setting up of a special 11-member bipartisan committee chaired by then law minister Wan Junaidi Tuanku Jaafar.

He said the committee had consulted legal experts and civil societies before concluding the amendments.

"They were appointed by the Dewan Rakyat, not by me or the prime minister," he said.

"I think they were given a month to come up with a draft bill. And the bill was tabled, debated by up to 60 MPs. I gave everyone a chance to speak.

"This bill was then unanimously passed by the Dewan Rakyat. Unanimously, there was not a single opponent. That's the historical fact.

"So rightfully, it should be implemented. That's the law. Whether or not Johari erred, that's what the law provided. I am not here to say whether he is wrong or not," said Azhar.

Azhar also questioned Johari's claim that Bersatu's constitution contradicted the Federal Constitution on freedom of speech for elected representatives.

He said while MPs had the right to speak out, Malaysia's Westminster-style democracy requires them to toe the party line.

"In the House of Commons, MPs by default abide by their party whips, failing which it becomes a matter of party discipline where the party can take disciplinary action."

He said MPs however are given freedom to vote individually in some matters if the whip is lifted, especially on matters where one's conscience and faith may come into play.

"For example, a vote on abortion or same-sex marriage – that has to do with one's conscience," he said, adding that MPs who are conservative Christians usually vote against such bills.

Similarly, said Azhar, the constitutions of Bersatu and DAP, as well as the loyalty pledge to Barisan Nasional chairman Ahmad Zahid Hamidi signed by the coalition's candidates before the 15th general election, were all designed to ensure that MPs toe the party line.

"In all these parties, if one does not toe the line, he ceases to be a member," Azhar added.

He also referred to the memorandum of understanding signed by MPs from the parties that came together to form the government in the aftermath of the general election, ahead of a confidence vote in Prime Minister Anwar Ibrahim.

According to the agreement, every party in the government must ensure that its MPs vote as instructed to avoid being considered as going against the party.

Azhar also noted the role of the party whip in the Dewan Rakyat.

"If it's true that everyone can vote freely, what's the use of the party whip? And if indeed MPs should vote freely, what's the point of having government and opposition benches? Sit wherever and vote individually."