Enakmen tersebut disokong oleh 27 daripada 31 ADUN, dengan empat wakil rakyat Umno yang hadir enggan mengundi.
Ketua Menteri Lim Guan Eng berkata pembentangan rang undang-
undang itu adalah satu langkah "bersejarah" yang termasuk pindaan penting kepada perlembagaan negeri bagi membolehkan undang-undang berkenaan dilaksanakan.
Ini, kata Lim lagi, untuk menangani budaya "yang tidak sihat dan tidak beretika" melompat parti politik untuk keuntungan peribadi, bagi menggalakkan integriti, akauntabiliti dan untuk mengembalikan kepada rakyat kuasa untuk memilih ADUN.
Katanya, kita telah menyaksikan negara dalam keadaan huru-hara apabila kerajaan persekutuan merampas kuasa dari negeri-negeri dengan cara yang tidak demokratik, melalui (perbuatan) pengkhianatan ahli-ahli parti.
Ketika membentangkan rang undang-undang tersebut, Lim berkata, selain meninggalkan parti untuk keuntungan peribadi, mereka yang terlibat juga telah mengkhianati amanah rakyat yang memilih mereka sebagai wakil rakyat.
Lim kemudian menyebut tiga negeri di mana mandat rakyat telah tidak dihormati - di Sarawak pada tahun 1966, Sabah (1994) dan Perak (2009).
Keadaan seperti itu, tegasnya, tidak harus diulangi, manakala perbuatan tersebut harus diharam.
Lim berkata enakmen itu telah digubal oleh ketiga-tiga parti komponen Pakatan Rakyat dan berdasarkan tiga prinsip penting:
- Kedaulatan rakyat di bawah sistem demokrasi berparlimen, dengan rakyat mempunyai hak untuk memilih wakil mereka;
- Kebebasan berpersatuan bagi wakil yang dipilih, tetapi dia perlu mengosongkan kerusinya jika melompat parti;
- Bagi prinsip akauntabiliti, wakil rakyat mesti bertanggungjawab kepada pengundi mereka.
Seseorang yang dipilih sebagai ahli Bebas juga mesti mengosongkan kerusinya jika orang itu menyertai sesebuah parti politik.
Bagaimanapun, Seksyen 14A mengecualikan wakil rakyat dari mengosongkan kerusinya jika keahliannya berakhir kerana pembubaran parti atau pembatalan pendaftarannya.
Ia juga termasuk situasi bagi seseorang wakil rakyat melepaskan keahliannya dalam parti jika dia dipilih sebagai speaker dewan undangan negeri.- malaysiakini
DUN P Pinang: Azhar digantung 6 bulan lagi
Anti-hopping law passed by Penang assembly...
The Penang Constitutional Enactment (Amendment) Bill 2012 was tabled and passed in the state legislative assembly today to curb elected representatives from party-hopping on their free will.
The enactment was passed by 27 of the 31 assemblypersons, with the four Umno assemblypersons present declining to vote.
Chief Minister Lim Guan Eng said tabling the Bill was a "historical" act that included a significant amendment to the state constitution to enable the law to be implemented.
This, Lim said, was to address the "unhealthy and unethical" culture of switching political parties for personal gain, to promote integrity, accountability and to return to the people the power to choose their state assemblypersons.
"We have witnessed the country in chaos when the federal government seized power from the states in an undemocratic manner, through (acts of) betrayal by party members," Lim said when tabling the Bill
"Other than leaving the party for personal gain, those involved have also betrayed the trust of the people who elected them into office," he added.
No respect for mandate of people in three states
Lim then cited three states where the people's mandate had not been respected - in Sarawak in 1966, Sabah (1994) and Perak (2009).
Such situations should not be repeated, while similar and recurring acts should be made illegal, he said.
Lim said the enactment was drafted by the three component parties of Pakatan Rakyat and based on three important principles:
- Sovereignty of the people under the parliamentary democratic system, with the people having the right to choose their representatives;
- Freedom of association for the elected representative, but he or she should vacate the seat if party-hopping during the tenure; and
- On the principle of accountability, elected representatives must be responsible to their voters.
The enactment includes a Section 14A, ‘Members who change political parties', which requires a state assemblyperson from a particular party who is elected by the people to vacate the seat if he or she switches party or stops being a party member for whatever reason.
A person elected as an Independent member must also vacate the seat if that person joins a political party.
However, Section 14A exempts an elected representative from vacating the seat if his or her party membership is ended by the disbanding of the party or by the cancellation of its registration.
It also includes a situation for a elected representative to give up party membership if he or she is picked as the speaker of the state legislative assembly.- malaysiakini
Penang opposition leader suspended for second time...
Penang Opposition Leader Azhar Ibrahim (BN-Penaga) has been suspended for six months from the state legislative assembly, the second time in just over two years.
Chief Minister Lim Guan Eng, who tabled the motion for suspension on Thursday, said the Rights and Privileges Committee had decided on the suspension after Azhar failed to explain his statement of May 8 that the assembly verbatim record could be manipulated, which the committee felt had tarnished the dignity of the assembly, speaker Abdul Halim Hussain and staff of the assembly.
Lim said Azhar would continue to receive his salary and allowances as a state assemblyman.
"The committee met five times. The first meeting, on June 7, had exempted the Penaga assemblyman but he was summoned to the second and third meetings. However, he did not turn up.
"Therefore, at the fourth meeting, the Rights and Privileges Committee decided to suspend him from attending the assembly for six months from Nov 1," he said.
NONEAzhar had been suspended for six months from Aug 17, 2010, for having uttered "May 13" (in apparent reference to the racial riots of May 13, 1969) while arguing with Lim (DAP-Air Putih) when winding up debate on the motion of thanks for the address by the Penang Yang Dipertua Negeri.
Meanwhile, Arif Shah Omar Shah (BN-Seberang Jaya) intervened to seek speaker Abdul Halim's consideration not to suspend Azhar, saying that Azhar was going to retire as an elected representative.
However, Azhar, who spoke during the debate on the motion seeking his suspension, objected to the suggestion by Arif Shah.
He alleged that Lim used the fear tactic to silence those who criticised his leadership of the state government administration.
"If the opposition leader can be suspended, what more the government officers?" he asked.
Azhar plans to defend seat
During the debate, Jasmin Mohamed (BN-Sungai Dua) congratulated Azhar for having prompted Lim to decide on his suspension from the assembly.
"It has been proven that the state government does not apply the Competency, Accountability and Transparency (CAT) principle in its administration as often proclaimed," he said.
During a break in the assembly sitting, Azhar, the five-term state assemblyman who had expressed his intention to retire from politics, told reporters that he would now defend the seat in view of the support from the Penaga constituents.
"Today, I have been suspended for a second time for being bold enough to take on the chief minister. My constituents regard me as their champion. I am just waiting for the decision of the prime minister (Najib Razak) on whether I will get to contest in the 13th general election," he said.
At the same news conference, Teluk Bahang state assemblyman Dr Hilmi Yahaya said he would now assume the role of opposition leader.
"What I regret most is that the decision to suspend the opposition leader was unfair. They, especially the chief minister, decided as they liked," he said.- malaysiakini