The Sun (Malaysia)

‘Nay’ to proposal to suspend reps facing charges

o Proposal will affect political system, say analysts and lawyers

- Ű BY HAKEM HASSAN newsdesk@thesundail­y.com

PETALING JAYA: Elected representa­tives should not be suspended once they are charged in court as suggested by Dewan Negara Speaker Tan Sri Dr Rais Yatim, political analysts and lawyers said yesterday.

They said the de facto law minister’s proposal will not only deny elected representa­tives their right to exercise their duties until they have exhausted all avenues of appeal, but also could adversely affect our political system.

“If this suggestion were to be implemente­d, it would be a convenient tool for the government to reduce the number of opposition lawmakers,” political scientist Professor Wong Chin Huat said.

“We can’t treat elected representa­tives and civil servants similarly since government staffers face a single employer while elected representa­tives have many individual bosses – voters.”

His other argument is that the civil service is a large institutio­n where vacancies can be readily filled while every constituen­cy in Malaysia has only one representa­tive.

“This is why the power to suspend or sack representa­tives must lie with voters and not by rivals who may abuse the Attorney-General’s Chambers. This can be done by introducin­g by-elections through which voters can sack lawmakers upon conviction.”

Rais Yatim had recently questioned why civil servants must be suspended if charged in court while the rule did not apply to elected representa­tives.

“There is a need to think of measures outside the legal system, as we currently have no answer to this,” said Rais.

Constituti­onal lawyer V. Kokila Vaani points to Article 48(1) of the Federal Constituti­on, which states that members of parliament are disqualifi­ed if convicted of an offence, sentenced to a jail term of more than a year and fined more than RM2,000.

“But Article 48 (4)(b) states that even if convicted, as long as an elected representa­tive files an appeal within 14 days, his seat will not fall vacant.

“Elections are the best avenue for voters to punish incumbents who misbehave and select representa­tives who best represent their values.”

On politician­s in some countries such as Japan stepping down merely due to an accusation of wrongdoing, she said resignatio­n from office is a critical ethical decision which could be driven by a variety of reasons.

In 2019, Japan’s former trade minister Isshu Sugawara and former justice minister Katsuyuki Kawai stepped down after allegation­s that they had sent cantaloupe­s and potatoes to some constituen­ts.

Chief executive officer of Berjaya University College Dr See Hoon Peow said under Malaysia’s legal system, one is assumed innocent until proven guilty, hence a mere accusation without proof should not cause a public representa­tive to step down.

“However, when a scandal has started to affect a public representa­tive’s effectiven­ess in executing his duties, he should step down as practised in Japan.”

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