The provision on freedom of association in the Federal Constitution should not be used as an excuse for not introducing a law to stop elected representatives from party hopping.
“It’s not like we are banning lawmakers from switching parties at all, so it is not unconstitutional. But obviously, if they decide to jump, then the seat will be vacated. He was referring to a case in Kelantan which saw two by-elections triggered after two assemblymen from Semangat 46 – Nordin Salleh and Wan Mohamed Najib Wan Mohamed – defected to Umno, consequently losing their seats, as per the state enactment.
He said as such, the Dewan Rakyat has the prerogative to restrict party hopping, noting that defections – particularly those that lead to the toppling of a government – could be deemed contrary to public order and have a negative impact on national security. This should include them vacating their seats, and even fined, similar in nature to the policy practised by PKR.
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