KUALA LUMPUR, April 11 — De facto law minister Datuk Seri Wan Junaidi Tuanku Jaafar today released a motion to approve the selection of several MPs into a bipartisan parliamentary select committee (PSC), which would deliberate on the proposed amendments to Article 10(3A) of the Federal Constitution, as well as the long-overdue anti-party hopping law.
The voting on the matter was also postponed to a later sitting, to allow the committee members to refine and iron out issues relating to the Bills.
Today’s special parliamentary session was called after the government proposed to add a new provision 3A under Article 10 of the Federal Constitution that would allow the enactment of federal laws to restrict freedom of association in relation to membership in a political party by elected representatives.
However, the Constitution (Amendment) Bill on Anti-Party Hopping, which was originally scheduled to be tabled, debated and passed at the session today, has been postponed to another special sitting that is yet to be decided.
“So on the other hand, it is not appropriate for me to make my own decision in this House at the moment, because we have agreed that after this, later, we will propose for a committee to examine.
“So with such a research, it is very good, so that the text of this speech will be prepared and submitted to the committee later when approved, and they will be the ones who will study and research to see the type of Bill that we use after this,” he said.
Wan Junaidi said that the idea to form the PSC was a sudden decision, as it was only planned during a meeting between Opposition lawmakers and prime minister Datuk Seri Ismail Sabri Yaakob, in the morning.
Those who will be in the PSC are Wan Junaidi himself, Puchong MP Gobind Singh Deo, Pengerang MP Datuk Seri Azalina Othman Said, Kota Baru MP Datuk Seri Takiyuddin Hassan, Sibuti MP Lukanisman Awang Sauni, Padang Rengas MP Datuk Seri Mohamed Nazri Abdul Aziz, Larut MP Datuk Seri Hamzah Zainudin, Sepang MP Hanipa Maidin, Tuaran MP Datuk Seri Wilfred Madius Tangau, Kulim-Bandar Baharu MP Datuk Seri Saifuddin Nasution Ismail and Penampang MP Datuk Darell Leiking.
In his motion, Wan Junaidi said that the PSC would be refining and defining what constitutes restriction of MPs from party hopping, as well as the restrictions on their rights to form associations, study proposals to abolish Article 48(6) of the Federal Constitution and other necessary constitutional amendments deemed needful and prepare a statement which contains proposals on the Bill on restricting MPs from party hopping, as well as other necessary constitutional amendments, within a one month period.
Article 48(6) of the Federal Constitution and sub-section 6 (5) Schedule Eight of the Federal Constitution respectively states that an MP or assemblyman who resigns, shall be disqualified from contesting as a member of the House of Representatives for a period of five years, effective from the date of resignation.
“The PSC can extend this period if needed,” he said.
In the debate session earlier which was participated by 59 MPs, calls were made by several to abolish Article 48(6), and allow defecting MPs to contest as independent candidates in snap polls.
Calls for legislation to curb party-hopping have grown louder since the collapse of the elected Pakatan Harapan federal government in 2018, which was triggered by the departure of several of its MPs, namely PKR and Parti Pribumi Bersatu Malaysia.
The current government is led by Ismail Sabri from Umno and postponed tabling the Federal Constitution (Amendments) 2022 Bill on Anti-Party Hopping and Limiting the Tenure of the Prime Minister for a second time last Wednesday.
The Bill was supposed to be tabled on Monday last week, but Wan Junaidi said the government needed more time to deliberate the definition of “party-hopping.”
