PUTRAJAYA: Any Member of Parliament (MP) who resigns from his party or hops to another party will have to immediately vacate his seat with a by-election to be held within 60 days.

       However, the MP who lost his seat will be allowed to contest in the by-election.

       MPs who are expelled from their party will not lose their seats.

       These are among the contents of the proposed anti-hopping law that may be tabled in the Dewan Rakyat as early as mid-June, said Datuk Seri Dr Wan Junaidi Tuanku Jaafar.

       The Federal Constitution will be amended for the purpose, the Minister in the Prime Minister’s Department said.

       “The anti-party hopping law will be passed by way of constitutional amendments without the need for separate laws,” he told a press conference yesterday.

       Among the amendments, he said, were to Article 10 on freedom of association.

       Also to be introduced, he added, was a new Article 49A where a “casual vacancy” would occur if an MP switches parties, resigns from his or her party or if an elected independent MP joins a party.

       “The 60-day period to hold the by-election will be triggered from the date the Dewan Rakyat Speaker receives notice of the vacancy.

       “However, the Speaker has to verify within 20 days if an MP party hopped, before a seat is officially declared vacant,” he said.

       He added that the proposed law would only apply to MPs and not to elected state assemblymen.

       Wan Junaidi said the MP would still be allowed to contest in the by-election because “if the constituents feel the MP deserves to be their representative, they have the right to reelect them.

       “The spirit of the anti-party hopping law is that the people have the mandate to choose who represents them.”

       If an MP party hops three years after the parliamentary term, there would be no by-election as per current laws, but the representative will still lose the seat.

       He explained that the Parliamentary Special Select Committee (PSSC) felt that if an MP was sacked from a party, it would be unfair to define it as party hopping.

       “The proposed anti-hopping law is a federal law but states must adopt it before it can apply to state elected representatives.

       “Once the anti-hopping law is passed, the King will have to bring the matter up with the state rulers and governors to amend their state laws,” he added.

       Presently, only Kelantan, Penang, Sarawak and Sabah have their own laws on party hopping. However, the state laws are ineffective as Article 10, which guarantees freedom of association, is still in effect.

       Asked when the proposed amendments to the constitution would be tabled in Dewan Rakyat, Wan Junaidi said that it could be done as early as mid-June if a one-day special Parliament sitting is held for the purpose.

       He said the PSSC was in favour of a one-day sitting but it would be up to the Prime Minister to decide on the date. The next Parliament meeting is scheduled for July 18 to Aug 4.

       If all goes well, Wan Junaidi said the proposed law could be passed and enforced as early as September this year or January next year.

       Asked if the government would be able to get the required two-thirds majority or 148 votes of the current 220 seats in Dewan Rakyat to amend the Constitution, he expressed confidence that this could be done.

       “So far, I have yet to meet an MP who is against it,” he said.

       Yesterday, Ampang MP Zuraida Kamaruddin quit Parti Pribumi Bersatu Malaysia to join Parti Bangsa Malaysia.