By: Muhammad Amanullah Mohd Rashidi
Introduction
Some time ago, the MP for Pengerang, Datuk Seri Azalina Othman Said called upon for the Recall Elections Act or Bill. This would put a halt to decades of political turmoil and vicissitudes throughout the test of time of our nationhood. She also proposes to present it in Parliament.
In effect, the said statute would be one of the alternatives as to provide a brevity for voters and a reassurance that their mandate would be returned from defected MPs. If an MP were to switch political allegiance (betrayal), or a political schism were to erupt, then voters can elect new MPs to replace them.
Afterwards, a by-election could be held to elect a new MP. If an MP cannot be loyal and serve the interest of the people that they were voted for, then they are irresponsible and must be ousted. They are accountable and answerable to people that have chosen them. It is a mandate that he must aspire.
The Recall Elections Act, a Private Member's Bill motion in Bahasa Malaysia is titled as 'Rang Undang-Undang (RUU) Pemecatan Ahli Parlimen 2021'. Many individuals have been advocating and expressing their support for the Bill, including Bersih 2.0 and Transparency International Malaysia. The practice of party-hopping became very rampant, during the 'Perak 2009 Constitutional Crisis', as demonstrated in many decided case laws in Sabah such as Zambry, Musa Aman, Adnan Robert, Datuk Amir Kahar and Stephen Kalong Ningkan incidents. It boiled to the point when in early 2020, we saw party members switching political camps, where Tun. Dr Mahathir resigned.
The situation in late 2021 is different, there was no party-hopping, but rather just a retraction of support from Tan Sri Mahiaddin Yassin and a slight reshuffle of the cabinet to Dato’ Sri Ismail Sabri Yaakob’s helm. Below, we shall discuss in depth on the legal basis of the proposed Act or Bill.
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