In view of the current political turmoil, it is timely that the Government consider enacting anti-hopping legislation to prevent lawmakers from switching parties.
Notwithstanding the judicial pronouncement in Dewan Undangan Negeri Kelantan & Anor v Nordin bin Salleh & Anor,1 the Malaysian Bar is of the view that there is no prohibition from the said case for Parliament to legislate anti-defection laws at the Federal level.
Article 10(2)(c) of the Federal Constitution provides that Parliament may by Federal law, impose restrictions on the freedom to form associations in the interest of security, public order or morality. We are of the view that the switching of political allegiances after being voted in by the rakyat, can be considered as a betrayal of trust, and politically immoral.
Anti-hopping laws are very much required in order to enhance political stability, public confidence in the democratic process, and respect for the decision made by the electorate.
In a democratic nation where the rule of law is held sacrosanct, it is high time for Malaysia to enact laws that make crossing of the floor in the State Assembly or Federal Parliament, illegal.
Salim Bashir
President
Malaysian Bar
3 August 2020
1 [1992] 1 MLJ 697.