PENANG will hold a special State Assembly sitting possibly in early September to table the necessary amendment(s) to its State Constitution following the passing of the anti-hopping bill in Parliament yesterday.
Chief Minister Chow Kon Yeow said that given this monumental decision by Parliament, Penang intends to accordingly amend its State Constitution for the relevant provision(s) to remain consistent with the amended Federal Constitution.
The Dewan Rakyat voted unanimously in favour of the constitutional amendments to create anti-hopping provisions within the Federal Constitution, with all 209 Members of Parliament giving their approval.
Eleven MPs, however, were absent.
Minister in the Prime Minister’s Department Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the Constitution (Amendment) Bill 2022 should be ready to become law by the first week of September.
Chow said he had directed the state Legal Adviser to look into the matter for the state to follow suit.
“I am truly humbled to be part of yesterday’s historic moment in which 209 Members of Parliament present in the august House voted in favour of amending Article 10(1)(c) of our Federal Constitution to prevent party hopping among Parliamentarians,” Chow read out his press statement to reporters after witnessing M Summit for receiving two Malaysia Book of Records (MBR) awards today.
“With that decision taken in Parliament, Penang will amend its state constitution so that the state laws will be in line with the changes made to the Federal laws.
“We will do this by holding a special State Assembly sitting probably in early September.”
Meanwhile, the Federal Court will determine the constitutionality of Penang’s anti-hopping enactment on Aug 3.
In 1992, the Supreme Court – which was renamed the Federal Court two years later – declared the Kelantan anti-hopping enactment unconstitutional, ruling that Nordin Salleh and Wan Mohd Najib Wan Mohamad could defect to Umno/Barisan Nasional as it was their right to freedom of association.
The Penang assembly and the Speaker have taken the position that the legislature was competent to approve the anti-hopping enactment passed in 2012.
The question for determination is whether Article 14A of the Penang Constitution is void for being inconsistent with Article 10(1)(c) of the Federal Constitution.
This issue arose in 2020 after four Penang assemblymen filed an action to challenge a motion introduced by the Speaker in the State Assembly to vacate their seats and to hold by-elections.
The assemblymen were Zulkifli Ibrahim (Sungai Acheh), Dr Afif Bahardin (Seberang Jaya), Khalid Mehtab Mohd Ishaq (Bertam) and Zolkifly Md Lazim (Telok Bahang).
Story by K.H. Ong
Pix by Alissala Thian
Video by Law Suun Ting