by Ganesh Sahathevan
Every party in the unity government must ensure that their MPs support Prime Minister Anwar Ibrahim and his administration in any confidence motions or bills in the Dewan Rakyat.
This is one of the conditions set under the memorandum of understanding signed by all the party leaders involved.
In addition, any MP who fails to toe the line as set by his or her party and, instead, votes against the prime minister or the government will be deemed to have resigned as an MP.
It added that the MP’s seat is then essentially vacated, citing Article 49A(1) of the Federal Constitution.
“The party concerned must then issue a notice to the Dewan Rakyat Speaker on the vacant seat, according to Article 49A(1), to notify the Election Commission (EC) on the need to hold a by-election.
However, contrary to what Anwar Ibrahim might decree, there is nothing in the anti-hopping laws that binds MPs to directives from their parties' leaders (see explanation below). Additionally the MOU seems likely to offend the decision in the matter of Sabah state assemblyman Hassan Gani Pengiran Amir where Mr Justice Wong Siong Tung held:“An elected member of legislature should be free to act according to the best of his or her ability and his independent judgement should not be legally constrained by obligations to either his party or to the electorate or subject to the dictates of anybody. “Any arrangement that fetters or deprives such freedom of elected members of the legislature will be contrary to public policy and unlawful."
In any case, it is only a MOU, not a deed, not a contract.
TO BE READ WITH
Monday, November 21, 2022
Nothing in the anti-hopping laws to bind MPs to directives from their parties' leaders - Malaysia's anti-hopping laws do not prevent MPs from choosing whoever they wish as PM10
by Ganesh Sahathevan
Much has been said about the The Constitution (Amendment) Act (No.3) 2022, or the Anti-hopping law, but all commentators seemed to have missed the point that Members Of Parliament must at the end of the day act in the interest of their electorate, even if that is against the interests of their parties, or their parties leaders.
While some commentators have referred to "loopholes" that allow sacked MPs to "hop", their analysis confuses loyalty and obedience to party rules with their duties as elected representative. There is nothing in the The Constitution (Amendment) Act (No.3) 2022 which requires that MPs obey edicts of the party of the party leadership.
Some reports have suggested that the Agong has demanded representations from parties rather than individual MPs. While that may be within his powers, written and unwritten, it cannot, as a matter of practicality, be an obstacle to MPs expressing an opinion as to who they wish to lead them.
END
See Also
The Agong can appoint Anwar PM 10 but the majority of members can still vote to reject the Motion of Thanks to the Agong, and remove Anwar as PM.
No