PETALING JAYA: Despite seeing its MPs switching support to the government, it is unclear whether Opposition party Bersatu will seize the opportunity to end this behaviour.
The party is slated to hold its annual general assembly on Nov 23-25 and has the chance to amend its constitution which currently allows its lawmakers to support the government without repercussions.
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Currently, with the Anti-party Hopping Law, MPs do not have to vacate their seats despite pledging support for the government.
This has led to four MPs – Kuala Kangsar, Labuan, Gua Musang and Jeli – to announce their support for the government but remain as Bersatu members.
Bersatu information chief Datuk Razali Idris acknowledged this weakness in the party’s constitution but remained coy if it would be addressed at the AGM.
“Bersatu is a seven-year-old party, and if we were to compare (to parties) which have been around for decades, there are definitely a lot of weaknesses that have to be addressed and updated from time to time.
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“Amendments will be made from time to time,” he said.
Asked if this would be done during the coming AGM, Razali remained uncommitted.
At present, Razali said errant MPs will be dealt with by the party’s disciplinary board.
“The disciplinary board is enough for Bersatu. Our members must accept the (decisions) of the disciplinary board.”
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Meanwhile, PAS, Bersatu’s ally in the Perikatan Nasional coalition, said the party also has no intention of amending its constitution as it is confident in the religious oath or “baiah” taken by its members.
PAS deputy president Datuk Seri Tuan Ibrahim Tuan Man added that all 42 PAS MPs had taken a “baiah”, pledging allegiance to the party.
“I don’t see the need for PAS to amend the party constitution, as all candidates have conducted the ‘baiah’ and taken an oath in the name of God to not defect from the party. For us, the ‘baiah’ is stronger than a mere oath,” he said when contacted.
On Monday, former law minister Tan Sri Dr Wan Junaidi Tuanku Jaafar, who was the chief architect of the anti-hopping law, said that it would be easier and faster for political parties to amend their respective constitutions to deal with current weaknesses in the anti-hopping laws rather than taking the tedious approach of amending the Federal Constitution.
Yesterday, DAP secretary-general Anthony Loke said Bersatu should amend its constitution to prevent more of its MPs from switching sides.
He said DAP amended its party constitution in September 2022 to plug this loophole.
The amendment, among others, stipulates that any party member who is an MP, state assemblymen or Senator will cease to be a member if they do not comply with the party’s orders.
Lawmakers who are expelled from the party will have to vacate their seats.
Political scientist Dr Tunku Mohar Tunku Mohd Mokhtar, said the current anti-hopping law loopholes need to be dealt with by political parties.
“So far, DAP and Amanah have amended their constitutions to the effect that the sacking of their MP would have the effect of that MP leaving the party, and therefore losing the elected seat,” said Tunku Mohar of the International Islamic University Malaysia (IIUM).
“For this recent case of changing allegiance, I think other political parties can adopt the same provisions in their constitution,” he said.
Universiti Sains Malaysia senior lecturer Dr Azmil Mohd Tayeb said instead, the current loopholes should be addressed by amending the Federal Constitution.
This was since an MP who is sacked for switching allegiance could still legally challenge the party’s constitution.
