KOTA KINABALU: Sabah Bersatu quitting Parti Pribumi Bersatu Malaysia yesterday will likely see the new anti-hopping law being tested.
With the exodus of four members of parliament and 15 assemblymen from the peninsular-based Bersatu yesterday, questions also arose whether the four Sabah Bersatu members of parliament would risk their seats being vacated if they are found to have broken the the law.
The four MPs — Datuk Armizan Mohd Ali (Papar), Datuk Jonathan Yassin (Ranau), Datuk Matbali Musbah (Sipitang) and Khairul Firdaus Akbar Khan (Batu Sapi) — stood as Gabungan Rakyat Sabah candidates.
National Council of Professors' Governance, Law and Public Management Cluster chief Professor Dr Nik Ahmad Kamal Nik Mahmood had said MPs from Sabah Bersatu who quit the party would not have to vacate their seats.
He said their actions did not fall under the anti-party hopping law passed on Oct 5.
Nik Ahmad Kamal said the representatives had contested on a GRS ticket, which is registered, and not on a Bersatu ticket.
However, the anti-hopping law is applicable only if one of the six GRS parliamentarians left the coalition and joined another party.
Sabah Law Society president Roger Chin said the law was designed to prevent those elected from crossing over to another party after winning a seat.
"However, what if the elected representatives crossed over from one coalition party to another coalition party but remained in the same coalition? Was the law intended to stop this?
"It must be recognised that Malaysia has seen coalitions governing rather than a majority party ruling by itself."
With the change of "a member's political party" in new Article 49A of the Constitution dealing with the change, Chin said the meaning of the words "a member's political party" is far from clear.
He asked whether a "political party" meant an individual party like Umno and PKR, or did it also include a registered coalition like Barisan Nasional or GRS.
He said it had been reported that the GRS constitution allowed for the coalition to operate as a party, though its membership is based on political parties.
"If this is correct, then are members of parliament members of GRS, or only the party they are members of, for example, Bersatu members of GRS?
"There is not enough information to determine this issue.
"Watikah (letters of permission), flags and symbols members stood under could play a role in factors to be considered in arriving at answers to these questions."
When contacted, Jonathan replied: "I stood as a GRS candidate and a direct member of GRS. You know the law."
The law aims to discourage lawmakers from switching parties.
Under the law, MPs will lose their seats if they jump to another party.
Exceptions are given to MPs who are sacked by their party or if their party is dissolved or deregistered.
An MP who is elected as Dewan Rakyat speaker will also be exempted.
The law will not apply to members of the Dewan Negara, as senators are elected by state assemblies or through political appointment by the federal government and do not stand for public election.