” . That sums up enacting the Anti-Hopping Law. The push is futile since it fails to address the main issue: the collapse of governments.
In Malaysia, there are two ways of legally establishing a government. Firstly, via election. Secondly, via the appointment of the prime minister under Article 43 Federal Constitution without going through an election. However, the first method depended on the second method i.e. commanding the majority support from members of Dewan Rakyat.Firstly, Article 43 provided that the Yang di-Pertuan Agong shall appoint the prime minister from amongst the MPs in Dewan Rakyat.
For instance, the appointment of Pagoh MP Muhyiddin Yassin as the 8th PM by the king was a combination of these two scenarios. There were MPs who defected from their political party to support Muhyiddin, such as Gombak MP Azmin Ali, Ampang MP Zuraida Kamaruddin and Indera Mahkota MP Saifuddin Abdullah.
Recently, Muhyiddin had to resign after 14 Umno MPs withdrew their support. Did any of the Umno MPs defect? No. Did the federal government collapse? Yes. Further, prior to passing the Anti-Hopping Law, Article 43 has to be amended with a two-thirds majority in Parliament. In fact, other relevant Articles such as 10 on the freedom of association and 48 on the disqualification of MPs will need to be amended as well. Amending Article 48 , for example, will introduce a new clause that disqualifies politicians of their status as MPs for “party-hopping”.
Such notion is against the decision of the then Supreme Court in Dewan Undangan Negeri Kelantan v Nordin bin Salleh that underscored the freedom for association in Article 10 entailed the right to defect and to form a new association.
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