Press Statement by Karpal Singh in Kuala Lumpur on
Wednesday, 29th September 2008:
DAP’s stand on cross-overs
The DAP’s stand on cross-overs has
been consistent. I had, as Chairman of the DAP, time and again publicly
stated that it is betrayal of the constituents if an elected
representative crosses over to another party after having been elected.
That such acts by elected representatives are deplorable and unethical
have the stamp of approval of all right thinking people.
In fact, I had after the March 8 general elections, suggested that the
DAP would provide the Barisan Nasional support to make up the two thirds
majority required to amend the Federal Constitution to outlaw party
hopping.
I had even asked a question in Parliament on 5th May, 2008 whether the
government was prepared to provide legislation to outlaw party-hopping.
However, the answer given by the government was that it was not prepared
to do so.
It is most unfortunate that the
government is not prepared to have an anti party-hopping law.
The PBS, when it was in government, provided for an anti party- hopping
law which was declared unconstitutional. Likewise, in the Peninsula in
the case of Nordin bin Salleh v Dewan Undangan Negeri Kelantan in 1992,
the Court struck down as unconstitutional an amendment to the
constitution of Kelantan providing, if any member of the Kelantan
legislative assembly who is a member of a political party resigns, is
expelled from, or for any reason ceases to be a member of such political
party, ceases to be a member of the assembly and his seat became
vacant’, was struck down as being unconstitutional as being ultra vires
Article 10(1)(c) of the Federal Constitution which provides for the
right to freedom of association.
The Barisan Nasional government is to blame for its unwillingness to
amend the Federal Constitution to outlaw party-hopping.
The DAP has consistently asked for such legislation to be enacted, but
to no avail.
A Member of Parliament must be
prepared to be disqualified for 5 years if he genuinely believes that he
has no more faith in the party on whose ticket he was elected to provide
for a by-election.
The Pakatan Rakyat should not depend on disloyal Members of Parliament
to step into the shoes of government. The rakyat will not accept such
betrayal. The Pakatan Rakyat would be at risk of losing the support of
the people in the coming elections if it forms the Federal government
with cross-overs. The Pakatan Rakyat should endeavour to gain the
support of the rakyat so as to be able to form the government at Federal
level on the strength of the rakyat in the coming elections, and not on
the strength of traitors and disloyal elements.
* Karpal Singh, DAP National Chairman & MP for Bukit
Gelugor
http://dapmalaysia.org