Malaysia should amend the Federal Constitution article 10 (1) (c) (“all citizens have the right to form associations”) to legalize anti-party hopping law to protect voters’ rights and choices.
Kelantan, Sabah and Penang states have this law previously passed at state legislative levels but unable to exercise the legal effect because of the conflicts with the federal Constitution 10 (1) (c).
Pakatan Harapan administration, in early days, initiated some institutional reform work, but stalled significantly at the later days. Bersih 2.0 former leader, Ambiga Sreenevasan led the Institutional Reform Committee (IRC), submitted the report to former prime minister in June 2018. Unfortunately the report is not made public and recommendations not implemented.
Switching parties / or becoming independent to maintain the original people’s mandate should not be viewed as party hopping while switching BEFORE, to enable regime change (as what happened in Johor), or AFTER (as what happened in Perak) to be pro-administration against the people’s mandate are sheer betrayal to rakyat.
Had this constitutional amendment were to materialize, the acts of the folks like Members of Parliament Gombak (P098) Azmin Ali; Johor Adun Pemanis (N03) Dr Chong; Perak Adun Tronoh (N33) Yong Choo Kiong are clear demonstration of party-hopping, betraying voters choice and trust. By-election ought to be held to protect voters’ rights.
This above mentioned constitutional amendments shall also include restoring the federal constitutional spirit, allowing elected representative to resign and re-contest again in by-elections, to get the refreshed mandate. Currently, there is 5-year ban, from contesting again, should an elected representative resign. This was effected in 1998, triggered by Semangat 46 candidate, Shahrir Abdul Samad who resigned from the seat and won handsomely subsequently as independent candidate.