Anti-hopping law pointless if it cannot prevent another Sheraton Move: Lawyer

PETALING JAYA: As talk of an “impending” 15th general election (GE15) gets louder, many are asking what happened to the anti-hopping law and if it can prevent the fall of another government.

Lawyer Mohamed Haniff Khatri Abdulla said there are two main things the people must understand when it comes to the said law.

“First, we have to ask, has it been gazetted? If not, then it has not been processed through the proper legal channels and complications will arise,” he told theSun.

Mohamed Haniff said the next question is whether the law would help with or solve any issues involving the people.

“If there is a second Sheraton Move, and a political party decides to leave a coalition, it cannot be defined as party hopping and will not fall under that law.”

He cautioned that the Sheraton Move of 2020 could happen again and the people will be at the losing end a second time, adding that the only solution to this loophole is for all political parties to amend their constitutions to align with the anti-hopping law.

“The party’s constitution must be amended to (be in line) with the law as certain parts of it will not apply to (all) political parties. Otherwise, the law will not prevent another Sheraton Move,” he said.

In February 2020, the Sheraton Move saw the fall of the ruling Pakatan Harapan (PH) government and the resignation of then prime minister Tun Dr Mahathir Mohamad after 22 months in power.

Since the anti party hopping law does not fully serve the people’s interests due to its loopholes, Mohamed Haniff said having the law or not is immaterial.

Meanwhile, Parti Keadilan Rakyat deputy secretary-general Dr Sathia Prakash Nadarajan said the gazetting of the anti-hopping law should be of utmost priority and enforced before GE15.

“As for the elections, it should be called when it is best for the people. But what happened to the Bill that was passed in Parliament? Why is it still not gazetted and enforced?”

When contacted, Deputy Minister in the Prime Minister’s Department (Parliament and Law) Mas Ermieyati Samsudin said she is also waiting for news on the status of the Bill.

“We will see what happens in the upcoming Parliament sitting. I am also waiting,” she said.

On Aug 9, Minister in the Prime Minister’s Department (Law and Parliament) Datuk Seri Dr Wan Junaidi Tuanku Jaafar was reported as saying the law, which prohibits MPs from switching parties, could be enforced from mid-September, and no later than that.

MPs who switch parties will automatically have their seats vacated and a by-election called.

The Bill was passed in Parliament on July 28. A total of 209 MPs voted in favour of it while 11 were absent. It was then unanimously approved by the Dewan Negara on Aug 9 through a bloc vote.

The Bill was passed in Parliament on July 28 with a total of 209 MPs voting in favour of it. – BERNAMAPIX