‘IT WILL VIOLATE RIGHT TO ASSOCIATION’
Right guaranteed by Constitution, says Liew
ANY proposed antiparty hopping law must not violate Malaysians’ right to freedom of association protected under the Federal Constitution.
This was stated in a written reply by Minister in the Prime Minister’s Department Datuk Liew Vui Keong to Lim Lip Eng (PH DAP-Kepong) yesterday.
Lim had asked the prime minister whether the government would enact an anti-party hopping law to ensure elected lawmakers who jumped to another political party vacated their parliamentary or state seat.
Liew, whose portfolio is law, said while the government was open to suggestions to enact laws, the suggested anti-party hopping law would go against the fundamental right to association enshrined under Article 10 (1) (c) of the Federal Constitution.
“In regard to the proposed enacting of anti-party hopping law, the Election Commission is of the opinion that at this time, citizens are guaranteed the right to freedom of association.
“This is in line with Article 10 (1) (c) of the Federal Constitution,” he said in reference to the Federal Constitution provision that lays down a Malaysian’s right to freedom to form associations. Liew said this fundamental freedom was upheld in the 1992 Supreme Court (now Federal Court) case of Kelantan State Assembly v Nordin Salleh, whereby its principle was valid today.
In the case, the court ruled that the Kelantan law that barred partyhopping was invalid for going against Article 10 (1) (c), as state law cannot take precedence over federal law.