Anti-Frogging Laws
With the contentious usurping of the Perak state government in the works, albeit with assistance from the Sultan, the legally mandated Perak state government has now been “officially” ousted in a BN coup that possesses far-reaching consequences as it ultimately establishes due precedence for a repeat performance.
No word of Law or Constitution will be able to stop this event from similarly happening in the future unless specific legislations are introduced at both the state and national levels to prohibit an elected representative the legal means to change political parties during his (or her) tenure as either a state or parliamentary representative of the people.
When the populace of a constituency successfully votes for a representative of the people to either the state or federal government, they are making a statement for all to witness. If the incumbent wins, it means that the populace is agreeable with the methodology, ideology and manner in which the present MP is employing and therefore wishes him to continue. If the contender wins, it signifies that these same voters are not satisfied with the incumbent and want a change. Enough of people voting for a change will result in a change of government as well.
It is therefore unethical for the elected representative to change camps during his tenure in office. Additionally, it is unprincipled for the lawmakers to permit this from occurring owing to the fact that the voters had made a choice and the government must respect this decision. If an elected representative, for any reasons at all, deem himself incapable of continuing in office due to either a change in ideology or belief, or for health reasons, he or she must give up that position voluntarily so that another person can assume the responsibilities of this office.
The Laws of Malaysia should ask the people of this constituency to either continue giving their mandate to another representative of the same political party, or otherwise. It can be as simple as that except there are no such laws here in Malaysia instituting this honorable option. Henceforth, it is considered legal for an elected representative to change political parties without the requirement for accountability to the voters. It will not matter if 100% of the voters voted him in. Once he is elected, his sole decision to defect cannot be prevented from happening. There are no laws against this treachery and no laws protecting the voters’ mandate.
This defection does not require any approval from any institution or anybody. As long as the defector and the receiving party are comfortable with their prior arrangements, there is absolutely nothing one can do about it, legally that is. No court can adjudicate on this matter if no crime is involved, ethics be dammed. One can call them traitors, turncoats or running dogs but it absolutely alters nothing.
The requirement for anti-hopping laws must be introduced to stop this current trend of elected representatives changing political parties in the middle of their tenure, once and for all. This legislation must be written into law not to safeguard the opposing political parties, but to defend the civil liberties of the voters as entrenched in the Constitution. If an elected representative feels that he can serve the public better in the opposition political party, he must first resign from his position and vacate the seat before joining the other party. This way, the constitutional rights of the people will be safeguarded through the convening of a by-election to determine whether a new mandate by the constituents is required.
– Hakim Joe
