KAJANG, Jan 19 — Any attempt by political parties to amend its constitution to prevent its members, especially MPs, from switching allegiance to the opposing side can be challenged in court.
Dewan Negara President Tan Sri Wan Junaidi Tuanku Jaafar said this is because the amendments can only be approved by the Registrar of Societies (RoS), and suggested the government needs to amend the Anti-Party Hopping Act to address loopholes within.
“When a party decides on an amendment, only the RoS can determine if said amendment is valid or not after the amendment is approved. However, ultimately, it is the courts that can rule if it (amendment) is adequate (fulfils legal requirements).
“(In this case), an amendment to the law is much better to address the matter as it is more detailed and is from the law itself rather than being explained elsewhere,” he said.
Wan Junaidi was speaking to the press after attending the ‘Bicara Tokoh’ talk organised by the National Council of Professors (MPN), which discussed the topic “The Anti-Party Hopping Act and Government Stability” today.
Also present was MPN president Prof Datuk Raduan Che Rose.
Last week, Umno secretary-general Datuk Asyraf Wajdi Dusuki said that the party's constitution amendment in January last year prevents its MPs from defying party decisions, including throwing support to anyone for the Prime Minister post.
In addition, Umno MPs who joined any 'coalition' not affiliated with the party would also automatically lose their (party) membership.
At the same time, DAP and Amanah's constitutions also state that any of their elected representatives who defy the party's instructions on fundamental issues will automatically lose their membership.
— Bernama
