KOTA KINABALU: History was made at the Sabah assembly on Thursday (May 25) as it passed a law to stop party hopping that has seen governments fall and rise through defections over the last 60 years.
However, the passing of the amendment to the state Constitution was overshadowed by the removal of Article 6(7) that provides a guide for the Governor to appoint a Chief Minister after an election.
The Article dubbed the "anti-power grab" was introduced in 1990 by the Parti Bersatu Sabah government to stop losing parties to form a government using the six nominated assemblymen.
The deletion of Article 6(7) was tabled together with the anti-party hopping Bill.
All 75 of the 79 assemblymen present gave their full backing for the long awaited anti-party hopping amendment tabled by Chief Minister Datuk Seri Hajiji Noor.
However, 14 Warisan assemblymen did not support the amendment for the removal of Article 6(7). But it was passed at the assembly when all 61 government assemblymen from Gabungan Rakyat Sabah and Pakatan Harapan as well as Sabah Barisan backed the removal of the clause.
Sabah Barisan chairman Datuk Bung Moktar Radin, Parti KDM president Datuk Peter Anthony (KDM-Melalap), his deputy Datuk Wetrom Bahanda (KDM-Bandau) and Barisan nominated assemblyman Datuk Suhaimi Nasir were absent.
The house voted separately for the anti-party hopping law and the removal of Article 6(7).
Earlier, Hajiji explained the rationale for the removal of Article 6 (7) which was strongly objected by Warisan president Datuk Seri Shafie Apdal. Both leaders argued at length over the deletion of the clause.
The Clause 7 is seen as a guide for the Governor in his decision in appointing a Chief Minister from the leader of the party that won the majority seats of the assembly.
Initially, Pakatan’s Upko president Datuk Ewon Benedick objected to the removal of Clause 7 of the Article but voted in favour of its removal after Hajiji explained the rationale.
Hajiji said that it was no longer relevant and deleting Clause 7 under t Article 6 will allow the Governor to pick any member of the legislative member to be appointed chief minister if he can command the confidence of the majority of the House.
He said that the Chief Minister did not have to be the leader of the political party with the most elected representatives.
However, Shafie contended that the Article was necessary for the Governor to select the Chief Minister following an election and it should be maintained.
"Its no longer relevant in the current state of affairs,” Hajiji explained.
For Sabah's anti-party hopping law, the six nominated assemblymen will not be subjected to the provisions for anti-party hopping.
Hajiji explained that the six nominated assemblymen, whose rights are equal to elected representatives, including the vote of confidence for government, were not subjected to the law because they were not elected and did not represent any electorate or constituency.
In tabling the Bill, Hajiji said that party-hopping culture in Sabah had disrupted stability of the government.
“The government considers the problem of party hopping serious and the issue has raised a lot of debates and polemic among the people,” Hajiji said.
He said this is because it involves the mandate given by the people to pick their elected representatives.
He said the law will not be used in retrospect, but will be enforced from the day it is gazetted.
Hajiji said that assemblymen crossing over within parties in a coalition will also be considered as hopping and will have to vacate their seats.
In defining “membership” further, he said even direct members of a coalition party will also be subjected to the anti-party hopping law if they moved out.
He said if an assemblyman is made Speaker of the State Assembly, he will not be required to vacate his seats.
Under Sabah Constitution, 73 assemblymen are elected while the ruling government can appoint six nominated assemblymen from any political party or even non-governmental organisations (NGOs) to be assemblymen.
