PETALING JAYA: The right to form associations, guaranteed under the Constitution, will see new restrictions under an amendment to be tabled at Monday’s special parliamentary sitting.
The amendment will then pave the way for laws against party-hopping to be enforced in the country.
According to a proposed Bill sighted by The Star, the government is seeking to introduce a new Clause 3(A) under Article 10(1) in the Constitution (Amendment) Bill.
“… seeks to introduce a new Clause (3A) into the Federal Constitution to enable restrictions on the right to form associations relating to memberships in a political party of members of the House of Representatives and members of the state legislative assembly to be imposed by federal law,” the explanatory statement read.
Article 10 (1) now states that every citizen has the right to freedom of speech and expression; the right to assemble peaceably and without arms; and have the right to form associations.
Clause 3, which dwells on restrictions on the right to form associations, says restrictions may be imposed by any law relating to labour or education.
The proposed Clause 3(A) will allow the enactment of laws banning elected representatives in Parliament and the state assembly from switching allegiances.
Several MPs confirmed receiving a copy of the proposed Bill late on Thursday night but did not comment further.
The Bill was initially scheduled to be tabled on March 24, but was then postponed to Monday’s special sitting.
However, Minister in the Prime Minister’s Department Datuk Seri Dr Wan Junaidi Tuanku Jaafar has announced that the amendments to the Constitution will be carried out on Monday with the anti-hopping Bill to be tabled at a separate sitting.
He said both sides of the divide have agreed to the new special sitting to table, debate and approve the anti-party hopping Bill.
The new date will be decided by Prime Minister Datuk Seri Ismail Sabri Yaakob.
The Pakatan Harapan presidential council said the new sitting date should be announced in the Dewan Rakyat on Monday.
Analysts, meanwhile, say that agreeing to amend the Constitution on the matter with a two-thirds majority is the “right thing to do”.
International Islamic University Malaysia constitutional and administrative law lecturer Prof Dr Nik Ahmad Kamal Nik Mahmood said that both sides want an end to party-hopping.
The amendments will get the support of the required majority in the House because it is the right thing to do, he said.
“This is in light of the political turmoil we have witnessed due to party hopping over the past two years,” he added.
Prof Nik Ahmad Kamal also noted the situation was different from the extension to a provision in the Security Offences (Special Measures) Act (Sosma) which was shot down in the Dewan Rakyat on March 23.
This, he said, was because the Opposition had consistently been against Sosma while some Umno MPs were absent from voting due to political manoeuvring.
Prof Dr Sivamurugan Pandian of Universiti Sains Malaysia said that although there will be some heated debates, the proposed constitutional amendments will get the endorsement it needs.
He said that passing the constitutional amendments will augur well for the government as it will be seen by the rakyat as having fulfilled its reform promises under the memorandum of understanding signed with the Opposition.