THE Penang executive council has decided to forward a motion to the State Legislative Assembly to declare the seats of the state assemblymen who violated the state’s anti-hopping law, vacant.
The Penang Legislative Assembly is scheduled to be held in October this year.
Chief Minister Chow Kon Yeow said that the affected assemblymen have committed an unconstitutional act for going against the State Constitution.
Under Article 14A(1) of the Constitution of the State of Penang (Amendment) Enactment 2012, a member of the assembly shall vacate his seat if:
(a) Having been elected as a candidate of a political party, he resigns or is expelled from or ceases for any reason whatsoever to be a member of that party or
(b) Having been elected as an independent but later joins a political party.
However, Article 10(1)(c) of Federal Constitution guarantees that Malaysians have the freedom of association.
“The state has taken note of the advice by the State Legal Adviser pertaining to Article 14A(1). The State Legal Adviser has, among others, said that the Article 14A(1) is a state law and has not been challenged.
“He has also forwarded his opinion to the Attorney General’s Chamber.
“We respect his opinion and we will deliberate both legal and political opinions before deciding on how to make up the motion to best capture the spirit of the Constitution.
“(We will consider) precedent cases, political environment and the reality of party hopping that resulted in the collapse of the Federal and state governments,” he told a press conference in Komtar today.
Chow added that the state was aware of the decision of the Supreme Court on a case in Kelantan in 1992.
It was reported that in the Kelantan State Assembly versus Nordin Salleh case, the Supreme Court had decided that an amendment to the state’s constitution which prohibited party-hopping, was inconsistent with the Federal Constitution.
“It is time that we review that decision for the benefit and future of all Malaysians,” Chow said.
Chow said the state executive council has decided to uphold the spirit of democracy to allow the assemblymen to debate on the matter at the Penang Legislative Assembly; although Article 14A(1) specifies that the assemblyman shall vacate his seat if having been elected as a candidate of a political party, he resigns or is expelled from or ceases for any reason whatsoever to be a member of that party.
“The State Legislative Assembly Speaker will be informing the Election Commission about the seat vacancies for by-elections to be called, should the motion be passed. This is stipulated under Article 14A(4) of the Constitution of the State of Penang,” he said.
Chow said that (defections) are a betrayal of the people’s mandate.
“The issue here is not solely about the freedom of individuals choosing the party that they like. Nobody can stop them from doing so, but they should not bring their seats along with them.
“By bringing along the seats with them, the elected representatives will not only betray the people’s right to choose the Government that they want but can also cause the collapse of the Federal and state governments,” he added.
Story by Christopher Tan
Pix by Darwina Mohd Daud
Video by Law Suun Ting