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Flurry Of Defections Demonstrates Loopholes In Malaysia's Anti-Party Hopping Law

ASIA

The recent declarations of opposition Perikatan Nasional (PN) alliance lawmakers Suhaili Abdul Rahman, Iskandar Dzulkarnain Abdul Khalid, Mohd Azizi Abu Naim and Zahari Kechik, who pledged their support for the unity government led by Prime Minister Anwar Ibrahim, drew attention to the loopholes in Malaysia's landmark anti-party hopping law adopted last year to stabilise federal politics.

  • The Dewan Rakyat adopted legislation stipulates that lawmakers who switch their party allegiance should lose their seats, triggering a by-election. However, the law does not prohibit entire parties from switching sides, nor does it prevent lawmakers expelled from their original parties to seek membership elsewhere or backing a rival faction while keeping their original party membership.
  • The latter loophole, supposedly stemming from the intention to preserve a degree of lawmaker autonomy, has been exploited by the four PN lawmakers who expressed their support for the Prime Minister despite formally sitting in opposition benches. All four MPs claimed that there was no political pressure involved in their decisions.
  • Kuala Kangsar MP Iskandar and Labuan MP Suhaili have been suspended by their party Bersatu for four and six years respectively, although both said that they had no intention of formally leaving the party. Gua Musang MP Mohd Aziz and Jeli MP Kechik may also face disciplinary action.
  • It seems that the PM has been able to exploit his control over funding streams to incentivise some lawmakers to cross the aisle. Suhaili revealed that he received additional allocations for constituency work just days before he pledged support for Anwar, while fifth Bersatu MP Syed Abu Hussin said he could follow suit if the government allocated MYR30mn for road repairs in his constituency.
  • Anwar told parliament today that there are no strings attached to constituency development funds, but MPs requesting them need to negotiate with the government. The combination of federal control over pots of funding and loopholes in the anti-party hopping legislation highlight the opportunity for the unity government to try and attract the support of more opposition lawmakers.

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