KUALA LUMPUR, Feb 7 — Umno acting president Datuk Seri Mohamad Hasan today said that it would be difficult to formulate laws or Parliamentary Acts to stop the party hopping culture as it would violate a person’s freedom as guaranteed under international conventions.
Mohamad, however, proposed that political parties can make their lawmakers sign a declaration of faith, where any party hoppers will be penalised with a RM20 million or RM30 million civil suit.
“I am not confident that an Act of Parliament like that can be formulated for us to prevent party members who win (elections) from going to the ‘B’ party from the ‘A’ party.
“What we can do is we don’t do it via a contract, but maybe we do it via a civil suit for damages.
“Perhaps we ask them to sign a letter of undertaking that if they defect, if anyone wants to buy them, maybe we impose them damages of RM20 million or RM30 million based on the promised letter. That one can be done,” Mohamad said In a Sinar Harian ‘Bicara Minda’ forum today.
He was responding to a question from an audience member who asked if special laws can be enacted to force elected lawmakers to resign from their posts and vacate the seats they won should they defect to another party.
In December last year, PKR’s Selayang MP William Leong called for an amendment to the Federal Constitution to prevent those who leave their party from joining Pakatan Harapan (PH)
An amendment would also accord more power to voters in deciding the fate of these defectors, he said.
In a statement today, Leong once again touched on the issue and said that the amendment is imperative, especially after Prime Minister Tun Dr Mahathir Mohamad said that he preferred a strong Opposition bench to a two-thirds parliamentary majority.
Leong, however, noted that the current legal provisions in the Federal Constitution do not allow such a practice, by way of Article 48(6) of the Federal Constitution, which provides that an MP who steps down is automatically disqualified from contesting for the next five years.
He also suggested Article 48(6) be amended by replacing it with a provision for an MP’s seat to be vacant if he resigns or is expelled from a political party which he contested under in the election, also explaining that it should cover those who leave a party to become independent.
