PUTRAJAYA – The Constitutional (Amendment) (No 3) Anti-Party Hopping Bill will be presented to the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah for the Majesty’s consent in the near future.
Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the presentation was expected to be held following His Majesty’s arrival from overseas.
"His Majesty is abroad at the moment, once he returns, the bill will be presented for his consent in accordance with Article 66 of the Federal Constitution," he said in an interview session with reporters today.
He said once it received initial consent, the bill would be brought to the Attorney General Chambers (AGC) and Legal Affairs Division (BHEUU) to be formatted before it would be presented again to His Majesty to be consented.
"Section 2 of the Bill states the enforcement of this law must be consented by His Majesty.
"After that, then only the laws can be gazetted by the AGC.
"The Bill will automatically be the country's laws on the day it is gazetted," he said.
Wan Junaidi explained the bill was not usable as long as it was not gazetted.
"Someone asked me, Datuk Seri, the bill has been passed in Dewan Rakyat, can party hopping still happen?
"I answered, it is not the law yet so hopping is allowed," he said.
On July 28 the Anti-Party Hopping Bill was approved with the majority two-thirds vote by Dewan Rakyat members and was approved in Dewan Negara on Aug 9.
Meanwhile, he said Prime Minister Datuk Seri Ismail Sabri Yaakob would send official letters to all Menteri Besar and Chief Ministers to recommend the amendment towards the Eighth Schedule of the Federal Constitution that enabled all assemblymen to amend their State Constitutions by inserting a prohibition of switching parties to be in accordance with the Eighth Schedule of the Federal Constitution as approved in the Dewan Rakyat and Dewan Negara.
"This is to ensure the laws that could be implemented at the Federal level in line with the implementation in all states including the usage of words to avoid any conflicts," he said.
Wan Junaidi said an engagement session would be held with the state for this purpose.
He said four states, namely Penang, Kelantan, Sabah and Sarawak which have their own laws could implement them based on the Federal Court's decision on Aug 3.
"I am confident that these four states will take appropriate actions and if possible could follow the Federal government format for the greater good," he said.
Meanwhile, when asked on Batu Lintang State Assemblymen See Chee How's position who left Parti Sarawak Bersatu (PSB), Wan Junaidi said that he needed to study the words used in the laws of the respective state.
Previously, a panel of seven Federal Court judges ruled that the provisions under the Penang anti-party hopping laws were valid and constitutional.
Chief Justice Tun Tengku Maimun Tuan Mat who chaired the panel said Article 14A of the Penang State Constitution was valid as it was consistent with Article 10(1)(c) of the Federal Constitution.
Article 14A of the Penang State Constitution states that a State Assemblyman shall vacate his seat if he has been elected as a candidate for a political party, he must resign or be expelled from the party or have been elected, other than as a candidate for a political party, to join another political party.