Party provisions to rein in MPs can be challenged in court, says ex-law minister

Wan Junaidi Tuanku Jaafar said it is up to the courts to determine the legitimacy of the amendments to the parties’ constitutions, as they were merely approved by the RoS.

KAJANG: Amendments to the constitutions of political parties to prevent MPs from defying party decisions can be challenged in court, says former law minister Wan Junaidi Tuanku Jaafar.

Wan Junaidi was referring to amendments made by several parties to their constitutions, including Umno, DAP and Amanah.

Umno’s provision states that MPs will automatically lose their membership if they join a bloc not affiliated with the party.

The constitutions of DAP and Amanah state that elected representatives who do not toe the party line on fundamental issues would automatically lose their membership.

This is to make use of a provision in the anti-hopping law, which states that an MP’s seat shall be declared vacant if one “ceases to be a member of their political party”.

Wan Junaidi said it is still up to the courts to determine the legitimacy of the amendments to the parties’ constitutions, as they were merely approved by the Registrar of Societies (RoS).

He believed that it would be better for Putrajaya to amend the anti-hopping law and plug loopholes in the legislation.

“Amendments to the law are preferable to address this matter, as they are more detailed and would come from the law itself rather than being outlined elsewhere,” he said at a press conference after joining a forum organised by the Council of Professors.

Bersatu has described the anti-hopping law as flawed after five of its MPs declared support for Prime Minister Anwar Ibrahim without leaving the party, thereby making use of a “loophole” in the anti-hopping law.

Article 49A of the Federal Constitution, commonly known as the anti-hopping law, states that an MP’s seat will be vacated if they resign from their party, ceases to be a member of their party, or joins another political party.

Last week, Umno secretary-general Asyraf Wajdi Dusuki said the amendments to the party’s constitution approved last year prevent its MPs from defying party decisions.

In quashing speculation of a move to unseat Anwar as prime minister, Asyraf said Umno MPs will automatically lose their membership if they join a coalition not affiliated with the party.