State’s Anti-party Hopping Bill passed
The Constitution of the State of Sarawak (Amendment) (No.2) Bill 2022, which seeks to prevent party hopping by assemblymen, was passed at the State Legislative Assembly (DUN) sitting yesterday.
Deputy Minister in Premier of Sarawak’s Department (Law, Malayia Agreement 1963 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali, when introducing the Bill, said it was necessary for the State Constitution to be amended after Parliament passed the Constitution (Amendment) Bill 2022 on July 28 this year.
She added that the federal Bill had amended the Eighth Schedule of the Federal Constitution, which was an ‘essential provision’ that must be strictly complied with by all the written laws including the Sarawak Constitution.
“As the amendment is in the ‘essential provision’ under the Eighth Schedule of the Federal Constitution, it is necessary for the State Constitution to have a similar provision or one having substantially the same effect and not inconsistent with the essential provision as provided under Article 71(4) of the Federal Constitution,” she said.
Sharifah Hasidah said under the amendments, an assemblyman shall cease to be a member of the august House and vacate his seat immediately if, having been elected as a member of a political party, he resigns or ceases to be a member of that political party.
“A simple example would be: if ‘A’ who at the time of an election, was a member of party ‘B’ but then subsequently after winning the election and being appointed as a member of the Legislative Assembly, decides to resign and join party ‘C’ or he/she becomes an independent member, he would then cease to be a member of the Legislative Assembly.
“The same shall also apply to an independent candidate who, having been elected to the Legislative Assembly as an independent candidate, subsequently joins a political party, then he would cease to be a member of the Legislative Assembly,” she said.
Sharifah Hasidah said the amendment would also provide for circumstances where the DUN membership would not be affected.
She said an assemblyman would remain a member of the august House if his party was dissolved or had its registration cancelled; he resigned from a political party upon election as Speaker; or he was expelled from the party.
According to her, the amendment is intended to ensure that the State Constitution contains a similar provision or one having substantially the same effect and not inconsistent with an essential provision of the Federal Constitution.
“This is achieved by adding a new Article 16B and by deleting the existing clauses (6) and (7) of Article 17 of the Constitution of the State of Sarawak. This amendment also provides for the insertion of the definition of the term ‘political party’ in Article 44 of the Constitution of the State of Sarawak. This is to be in line with the amendment to the Federal Constitution,” she said.
Sharifah Hasidah also said the Bill sought to amend Article 33 of the Constitution of the State of Sarawak to enable the august House to pass a resolution or any future resolution, which would allow for the withdrawal of monies from the State Consolidated Fund in a manner provided by or consistent with both state and federal Law.
The Bill was passed with more than two-thirds majority, with 77 assemblymen in support of it. Three DUN members – Daro assemblyman Safiee Ahmad, Pending assemblywoman Violet Yong and Repok assemblyman Dato Sri Huang Tiong Sii – participated in the debate.