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'Immoral to party–hop even if it is legal'
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Anti–hopping law vital for stability
The Bar Council refers to the statement by UMNO Youth’s Datuk Abdul Rahman
Dahlan reported at page 4 of the Star dated 8 September 2008 in
relation to the issue of “cross–overs”.
The Bar never participates in party politics nor in partisan politics. Thus, the
Bar has deliberately declined to comment on the political issues facing the
nation. Nonetheless, the public goading by the Datuk Abdul Rahman Dahlan and
queries by the Press have necessitated a response. Hence, this comment is
strictly limited to the legal issues raised by the subject of political cross–overs.
Cross–overs are not new in Malaysia. The law of the land in relation to
“cross–overs” has long been settled in the case of Dewan Undangan Negeri
Kelantan & Anor v Nordin Salleh & Anor decided in 1992 by a 5–member panel
of the Supreme Court, our highest Court. The Court struck down provisions of the
Constitution of the State of Kelantan that sought to prevent such cross–overs on
the basis that it offended the fundamental right to freedom of association
enshrined in Article 10(1)(c) of the Federal Constitution.
In the case of Nordin Salleh, the plaintiffs were elected to the Kelantan
State Assembly during the 1990 General Elections on the PAS ticket. The
plaintiffs subsequently resigned their memberships in PAS, and joined the
Barisan Nasional. The Supreme Court decision upheld the constitutional right of
the Plaintiffs to “cross–over” to Barisan National and held that the right to
freedom of association under the Federal Constitution includes the right to
disassociate. Similar situations have arisen in the State of Sabah in 1994 when
members of the Sabah State Assembly from the PBS crossed over to Barisan
Nasional thereby reversing the original majority in favour of the PBS to the
Barisan Nasional.
As it stands therefore there is no legal impediment to “cross–overs” by members
of political parties.
Dato’ Ambiga Sreenevasan
President
Malaysian Bar
9 September 2008