PETALING JAYA: The proposed House of Representatives Recall Act (HORR Act) will empower voters to decide Members of Parliament’s fate without compromising freedom of association, says MCA central committee member Chan Quin Er.
With such a law in place, she said voters will have the choice of whether to recall an MP who hops to another party.
“With consideration of Article 10(1)(c) of the Federal Constitution, a Recall Act is the best plausible solution to the rampant party-hopping, without compromising an MP’s freedom of association,” she said in a statement yesterday.
Under the HORR Act as proposed by the MCA Bill Committee, MPs who switch parties after being elected to office would have to submit to the recall process if a voter from his or her electorate makes a recall petition application to the Election Commission.
Although many suggestions have been put forth, such as creating an Anti-Hopping Act to bind MPs to their party, Chan, a lawyer, said that this infringes on a person’s freedom of association guaranteed by the Federal Constitution.
“Thus, we believe the Recall Act can effectively address party-hopping without contradicting the Constitution, while also empowering the electorate to make decisions that can lead to the recall of an MP,” she added.
Chan noted that the practice of party-hopping has plagued Malaysia for many years, causing a national crisis, and is counter-productive to the nation’s development while causing the rakyat to lose confidence in politics.
“Especially after GE14, both sides of the political divide have committed an equal share of party-hopping with various justifications.
“Regardless of the reasoning, it is undeniable that this behaviour can be seen as a betrayal of the rakyat’s mandate.
“Without a law holding MPs accountable, party-hopping will continue to happen unchecked,” she said, urging public interest groups and non-governmental organisations to collaborate and build a more democratic nation together with MCA.
She added that MCA would continue to engage with stakeholders so that the proposed recall process is thoroughly reviewed before a final draft is submitted.
On Monday, party secretary-general Datuk Chong Sin Woon, who also heads the Bill Committee, proposed a Bill to make MPs more accountable to voters for their actions, including switching parties and in the event of any misconduct.
“If passed by the Dewan Rakyat, the Bill will become an Act of Parliament that targets MPs who have committed misdemeanours or who have switched parties,” he said.
On Sept 3, former deputy speaker Datuk Seri Azalina Othman Said submitted a notice of motion to Dewan Rakyat Speaker Datuk Azhar Azizan Harun to table a Recall Bill in the coming September Parliament session, where MPs will be held accountable for party-hopping.The Pengerang MP said the notice sent to Azhar is a Private Member’s Bill based on Standing Orders 49(1).
The upcoming Parliament session will begin on Sept 13 and will last for 17 days until Oct 12.