Malaysia tables revised anti-party hopping Bill

The Malaysian government tabled its revised anti-party hopping legislation in Parliament yesterday, just a fortnight before the expiry of its pact with the opposition bloc Pakatan Harapan (PH) to hold off calling elections.

The Bill is meant to stem party defections, a major cause of political instability in previous administrations. It is one of the key conditions in a confidence and supply agreement (CSA) that Prime Minister Ismail Sabri Yaakob and PH signed in September last year.

Both sides agreed that Parliament would not be dissolved before July 31, delaying prospects of a snap poll till that date.

Defections had caused PH to lose its federal administration and also its administration in five states since the 2018 general election.

The Bill was revised based on recommendations by a bipartisan Parliamentary Special Select Committee. It needs the support of a two-thirds majority, or 147 MPs, in the 222-seat Lower House. Two seats are currently vacant.

The government has 116 MPs - or a six-seat majority - and needs the backing of opposition MPs to pass the amended Bill.

It was initially tabled in April but a vote was deferred, as many MPs had reservations about its wording and implications.

A key concern is that the Bill could restrict lawmakers' freedom of association beyond party hopping. MPs wanted specific references to party hopping or defections so that the law cannot be used to curtail political opposition.

The revised Bill includes a new Article 49A that provides for a recall election should an MP leave his seat or switch party. However, a recall election will not apply to an MP who is expelled from a party.

Other amendments include abolishing a provision that bars MPs who vacate their seats from seeking public office for five years, and allowing states to amend their own charters to bar defections.

The revisions, however, will not apply to en-bloc defections, similar to the ones from the PH coalition in 2020 that collapsed the federal government.

The select committee said in a note that the revised law will not apply to any post-election coalition deals between parties. The Bill is set to be debated and voted on next week. If passed, it would need senate approval, and could take effect as early as September.

Singapore Institute for International Affairs senior fellow Oh Ei Sun told The Straits Times that the new amendments made more detailed distinctions of elected representatives - such as those who left their parties of their own accord and those who were expelled - and punishes only the most egregious form of defection. This might lead to the Bill being passed more readily with a supermajority, he said.

However, Dr Oh noted that the amendments state that MPs who are sacked from their parties for crossing the aisle or do not follow party directives do not need to vacate their seats. This creates a loophole that could allow an MP to openly declare support for another party and not lose the seat.

"If I were drafting the law, I would say those who are elected under a party logo must stay loyal to that party. If declaring support for anybody other than who the party supports, then you must vacate (your seat)," he said.

Mr Ismail is under pressure from a faction in his party Umno to call early elections this year, as soon as the CSA's deadline passes. But PH has indicated a willingness to extend the pact to hold off polls.