Bernama quoting the Minister for Information and PKR Communications Director Fahmi Fadzil has confirmed that Anwar Ibrahim's MOU is in fact designed to fetter MPs -MOU clearly in breach of Malaysia's laws, including Anti-Hopping laws

 by Ganesh Sahathevan 

Bernama quoting the Minister for Information and PKR Communications Director Fahmi Fadzil has confirmed that Anwar Ibrahim's MOU is in fact designed to fetter MPs. 

The NST reporting in English says:

The possibility of another political manoeuvre similar to the Sheraton Move in February 2020 will be "low" following the signing of the memorandum of understanding (MoU) on the unity government.

PKR information chief Fahmi Fadzil said the MoU must be read together with the Anti-Hopping Law.

The communications and digital minister said there were several clauses in the MoU that prohibited members of parliament (MPs) from changing political parties.

"There will be no more repetition (of such move) as there are two things that we have worked on — one is the agreement that is signed today and another is the Anti-Hopping Law that prohibits MPs from changing parties.

As reported , 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."  

It does appear as if Anwar, aware of the problem, has resorted to a MOU rather than contract or deed so that he can say, if challenged about the legality of this manoeuvre, that no one can be legally constrained by a MOU.

TO BE READ WITH

Friday, December 16, 2022

Anwar Ibrahim's MOU binding MPs unlawful, nothing in 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 

FMT has reported:

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 

The Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, can make any decision he wishes, but it is really the MPs who decide 

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 

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