KUCHING: Is it necessary for Sarawak to adopt an anti-crossover law into its constitution following the passing of the anti-party hopping Bill in Parliament recently?
Not necessary, say political analysts and observers.
Analyst Dr Lee Kuok Tiung said “the state’s anti-hopping law has been around for a while, yet some are not aware of it.”
He was prompted for comments on the recent call by Stampin MP Chong Chieng Jen for the state government to follow suit and adopt a similar anti-party hopping law passed by the federal government.
Lee, who is a Universiti Malaysia Sabah associate professor, referred to Article 17 (7) (Disqualification of Membership) of the Sarawak Constitution which was amended in 1994.
“Article 17(7)(a) reads: “Any person who has voluntarily given an undertaking to the Speaker in writing that he will not resign his membership from the political party for which he stood or to which he belonged when he is elected to the Dewan Undangan Negeri, shall, if he resigns from the political party after being elected, be disqualified in the interest of public integrity and morality from continuing to be a member of the Dewan Undangan Negeri with effect from the date he resigned from the political party.”
Said Lee: “The only issue is that it hasn’t been discussed – how to put it into practice. The crucial question is why Chong appears to be in the dark about it.”
He said many Sarawakians, including lawmakers, might not be aware of such law in the Constitution.
Political analyst and Professor Dr James Chin of the Asia Institute of Tasmania, Australia said that the anti-hopping law was already enacted at the state level.
“In the case of the Kelantan state constitution, it couldn’t be enforced because it previously clashed with the federal constitution, but as of now it can be reinforced again but with an amendment at the state level,” he said.
But on the other hand, political analyst and University of Malaysia Sarawak (UNIMAS) Dick Lembang Dugun agreed with Chong, saying Sarawak politics had seen its fair share of politicians switching parties.
He argued that it was critical to investigate the “hopping phenomenon”, determine its root causes, and then develop an anti-hopping law in the future.
“There is a need to instil moral values and integrity among the potential candidates who are contesting in elections; politicians must play their roles, such as conducting a short course or inviting experts,” he said.
Lembang said representatives were increasingly using the populace as a pretext to switch parties.
“They are citing absurd justifications, like development, when the only legitimate justification at the moment is self-interest. This needs to be taken into account,” he stressed.
He went on to say that the state’s anti-hopping law would have a loophole, and he urged lawmakers to first find what it was about and fix it.
“We must first fix this matter, because if we don’t, it will tarnish the foundation of democracy.”
