PUTRAJAYA: Another president of a Sabah Barisan Nasional component party has sounded the alarm bell over the “very real??? possibility of crossovers.
United Pasokmomogun Kadazandusun Murut Organisation (Upko) president Tan Sri Bernard Dompok said the frustrations of Sabahans and their representatives in getting the Federal Government to solve their long list of problems are “extremely real??? and talk about MPs crossing over to join the Opposition is symptomatic of this frustration.
He said the longstanding issues affecting Sabahans could no longer be “swept under the carpet??? and MPs were under a lot of pressure to resolve the people’s problems.
Any decision for Upko to leave the Barisan fold will be made by the party and not by him, Dompok stressed to the press yesterday.
He said that while Upko’s three other MPs had not raised the subject of leaving the party “at the moment,??? he admitted: “Their frustrations are real. I think no one can deny it???.
When asked if any of the Upko MPs, including himself, had been approached by the Opposition leaders, Dompok replied: “Not yet as far as I know.
“But if these people (from Pakatan Rakyat) want to talk to me in Parliament, there is no reason why I should not talk to them.???
He said there were still many issues, among them immigration and basic infrastructure, waiting to be resolved in Sabah.
“The people of Sabah have been taken for granted because we are a laidback, easy-going people. The state is thousands of kilometres away from the nation’s capital. As they say, out of sight, out of mind,??? he said.
Dompok said constituents in Sabah have always been vocal but failed to grab the media’s attention until “recent changes in the political environment???.
To a question, he said that the majority of the grassroots wanted action and they would not mind if their MPs crossed over as long as their problems were ironed out.
“There are people who condemn crossovers, saying that it is immoral and such. But who are they and why are they taking the moral high ground, when in their previous lives, they too, have done it.
“But if you ask me, I don’t think the Opposition will make the numbers,??? he said.
Threat of defections to the opposition not over yet, There is still a wait-and-see attitude after Sabah MPs meet Abdullah By Carolyn Hong, THE STRAITS TIMES Saturday, 17 May 2008
THE Wednesday deadline has come and gone, but the topic of Barisan Nasional MPs defecting to the opposition is still the hottest topic in town. There were strong rumours that at least 17 BN MPs from Sabah were planning to cross over to the opposition coalition Pakatan Rakyat last Wednesday - but it didn't happen.
The day passed peacefully, but this came after a lot of behind-the-scenes and overtime effort by Prime Minister Abdullah Badawi.
He obviously did not take the threat lightly as he spent much of the week meeting the heads of the Sabah BN partners to listen to their woes. And he bought his government time.
The Sabah MPs have been unhappy after Datuk Seri Abdullah did not increase their representation in Cabinet after the state delivered a sterling performance in the March 8 polls.
Their grouses burst into the open this week when several BN MPs from Sabah spoke up in Parliament about the neglect of their state, and dropped heavy hints about a crossover.
The imminent threat had fizzled out. But the danger for Datuk Seri Abdullah and the BN is not over, merely defused, wrote political commentator Joceline Tan in The Star yesterday.
There is widespread belief that Datuk Seri Anwar has secured a significant number of MPs, but the general view is that he probably does not have enough.
'Politically, I would think that he would have done it very quickly if he has the numbers,' said Mr Khoo Kay Peng, a political analyst.
Still, all kinds of numbers are still being bandied about, anything from 17 to 43.
The opposition coalition needs at least 30 BN MPs to cross over to topple the federal government, but analysts say the crossovers may not be simple as pure numbers.
For one, there have to be enough Malay-Muslim MPs to keep a fair ethnic balance in the opposition, to stave off the perception that Datuk Seri Anwar's coalition was taking power without equitable Malay representation.
It does not appear that he has enough Malay MPs on board, according to opposition sources.
This is supported by the steady ratcheting up of the Malay rhetoric in recent weeks.
Datuk Seri Anwar has blamed Umno for raising the temperature, saying that it was a panicky move. It was a way to lay the ground for painting the opposition as one that would not have Malay interests at heart.
The other possible sticky point is that the crossovers could unbalance the delicate opposition coalition. At present, the three parties have roughly the same number of MPs each, although Datuk Seri Anwar is seen as the de facto head.
Most of the crossover MPs are likely to join his Parti Keadilan Rakvat, given his involvement in bringing them over. This would put PKR in a dominant position.
'There are concerns within DAP about this. We don't want to be sidelined,' a insider from the Democratic Action Party told The Straits Times, but also noting that the party did not want to remain in opposition permanently.
But a solution was offered earlier this week when Umno MP from Sabah Ghapur Salleh suggested that a new political party could be set up for the defecting Sabah MPs.
It could then become the fourth party in the opposition coalition.
'We can move by simply forming a new party. Then we can decide where we want to sit...here or there,' Datuk Ghapur said in Parliament earlier this week.
This is increasingly becoming the likely scenario to address the power balance within the opposition coalition, if it were to absorb a large number of defecting MPs.
But even without the tricky negotiations within the opposition, a crossover is not quite a done deal.
There is still a wait-and-see attitude after Datuk Seri Abdullah's meeting with the Sabah party leaders. They have asked for greater representation in the Cabinet, more autonomy in the state, and a resolution of the illegal immigration problem.
They are also demanding that Sabah get 20 per cent of the oil royalties, up from the present 5 per cent.
A Sabah party leader Yong Teck Lee said this week that they want to see action by August.
Said political analyst Mr Khoo: 'This is the last window for the Prime Minister to do something. If he can address it well, he might survive. But it's very tricky.'
Opposition front likely to face hurdles in bid to form federal govt
KUALA LUMPUR: Over the last few weeks, there has been talk that the opposition front may be in a position to form the next federal government given the not-so-robust majority of Barisan Nasional (BN) in parliament after the 12th general election.
Debates and conversations on this probability or improbability have been taking centre stage of late among politicians, political analysts, business people and even people at the grassroots.
The BN has 140 seats or 63.1 per cent of the total number of 222 seats. It garnered 4.082 million votes during the election or 50.6 per cent of the popular vote.
If Parti Keadilan Rakyat (PKR) adviser Datuk Seri Anwar Ibrahim is to be believed, then perhaps he may have made it sound rather relatively easy with his contention that all the opposition alliance (Pakatan Rakyat) needs is just 30 Members of Parliament from the BN to cross over. They could then form the next government based on a simple majority. At present, the opposition has 82 seats including one independent MP.
Anwar has been reportedly saying that his party had managed to entice a number of MPs who would be willing to jump across.
However, based on a document being distributed by some unknown quarters in parliament yesterday, the matter is not as easy as it seems.
The document, written by people who have a strong understanding of Constitutional Law, argues that the opposition front, in order to achieve what it aims to do, has to overcome various hurdles in the form of several laws in the Federal Constitution.
According to the document, the number one obstacle is provided under Article 43(5), which states that the Yang di-Pertuan Agong has no power to dismiss the prime minister.
But if the prime minister ceases to command the confidence of the Dewan Rakyat, then the prime minister must exercise one of several choices.
One is to submit the resignation of his entire government as provided for in Article 43(4) or advise the Yang di-Pertuan Agong to dissolve the Dewan Rakyat and call a new election as per Article 43(4).
But the Yang di-Pertuan Agong has the discretion to refuse the advice to dissolve the Dewan Rakyat as stated in Article 40(2)(b). In the event of this, the Yang di-Pertuan Agong has to appoint someone who, in His Majesty’s judgement, is likely to command the confidence of the Lower House.
The note also reveals that if the prime minister were to lose in a snap vote of confidence but is able to re-group his supporters and rebuild a majority, he is eligible to be reappointed again as the Yang di-Pertuan Agong has some discretion on who is best able to command the confidence of the Lower House.
Another obstacle for the opposition is that no extra-parliamentary dismissal is possible unless the Dewan Rakyat dismisses the prime minister as the Yang di-Pertuan Agong has no power to remove the prime minister (Article 43(5)).
To reinforce its contention, the document cited the case of then Sarawak chief minister Stephen Kalong Ningkan versus the then Sarawak Yang Dipertua Negeri Tun Abang Openg in Sarawak in 1966, which confirmed that unless there was a vote of no-confidence, a valid appointment cannot be revoked by the Yang Dipertua Negeri.
The document also pointed out that if the Dewan Rakyat were to be dissolved, then the previous prime minister would remain in office in a caretaker government capacity.
Although this was not laid down in the constitution, it was a well established constitutional convention in the United Kingdom (UK), Malaysia and throughout the Commonwealth, it argued.
In addition, the document also argued that the inability of a party to secure a two-third majority did not hamper law-making or the passing of the federal government’s budget.
“In the UK, governments come to power with less than 50 per cent of the popular vote and with a base majority in the elected House. This is not the first time that the Alliance-BN did not gain a two-third majority. In 1969, the Alliance failed to secure more than 50 per cent of the votes and failed to obtain a two-third majority. Tun Abdul Razak administered the country from Feb 20, 1971 to the 1974 elections on a simple majority in the Dewan Rakyat,??? it stated.
At the same time, the document also pointed out that in the case of Nordin Salleh (1994), the Supreme Court held that the Kelantan anti-hopping law was a breach of freedom guaranteed by Article 10(1)(c). Nordin, then the PAS state assemblyman for Sungei Pinang, joined Umno in 1992. The Kelantan state government then enacted an anti-hopping law for politicians but the Supreme Court later ruled that it was unconstitutional.
The way to overcome this judicial decision is possible through a number of ways. One is to have a constitutional amendment to Article 10 (2)(c) to forbid party-hopping.
But in the present political context, the BN, without a two-third majority, may not be possible to secure this amendment.
The other is to promulgate an Emergency Ordinance under Article 150(2B) to provide for anyone who has been expelled or who resigns from the party on whose ticket he or she was elected to the Dewan Rakyat to vacate his or her seat and return to the electorate in a by-election.
Alternatively, a law can be promulgated to ensure that the ‘hopper’ is disqualified to contest for five years and this will be similar to Article 48 (6), which deals with MPs who resign from the Dewan Rakyat.
The note further explains that an emergency ordinance is an executive piece of law-making outside of parliament, which only requires the Yang di-Pertuan Agong’s assent.
It can be enacted if two requirements are met — that there is an emergency in the country and that the two Houses of Parliament are not sitting concurrently.
This ordinance can be justified as a ‘collapse of civil government’ is also a form of ‘emergency’ as laid down by the Privy Council in the Stephen Kalong Ningkan versus the Government of Malaysia (1968) case. — Bernama
PETALING JAYA: The anti-hopping law should be drafted and a new provision inserted into the Federal Constitution, Election Commission (EC) deputy chairman Datuk Wan Ahmad Wan Omar proposed.
He said it was about time an anti-hopping law was introduced, and likened MPs jumping to another party as breaching the trust of voters.
“The EC has never discussed this issue, and feels there is no need to do so, but in my personal opinion, if we look at the purpose and objective of the elections, it is a rational move to provide a law to prevent party-hopping,??? he told The Star’s Malay news portal mStar Online.
Wan Ahmad said a special provision could be included in the Federal Constitution to get around Article 48(6).
Article 48(6) of the Constitution states that a person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.
“If the Government is serious, we can insert a new provision in the Constitution, noting that Articles 113 to 120 touch on many aspects relating to elections.???
Wan Ahmad said Article 48(6) was introduced to prevent wakil rakyat from resigning and recontesting just to test their popularity.
“Therefore, a subsection related to the behaviour of MPs and state assemblymen can be included, like the Government taking action to prevent elected representatives from resigning to test their popularity,??? he said.
Wan Ahmad acknowledged that there were views that having an anti-hopping law contravened the freedom to pick parties.
“But actually, the wakil rakyat is picked based on the party, and he contested under that particular party’s ticket, manifesto and beliefs.
“So if they choose to leave the party after they are elected by voters, it is a breach of trust,??? he said.
Rumour from opposition actually to undermine existing political stability
KUALA LUMPUR: Science, Technology and Innovation Minister Datuk Dr Maximus Ongkili yesterday denied that some Barisan Nasional (BN) MPs had switched parties.
He said the matter was an old story and the speculation had been spreading since the 12th general election concluded.
“The rumour from the opposition is actually to undermine the existing political stability. I feel it is also to undermine the mental stability of politicians from Sabah and Sarawak,??? he told reporters after officiating Mimos Bhd’s portal ‘eBioChem’ at Seri Kembangan near here.
“I am totally against people who defect. This is unprincipled and undignified.
“If you want to topple the government using unprincipled politics, without reference from your voters through by-elections, then I think the so-called freedom of association is an act of irresponsibility,??? Maximus said.
He was commenting on talk of Sabah MPs being made offers to join opposition parties.
Maximus said he had met a delegation of 15 MPs from Sabah to discuss the state’s development.
“For Sabah, two matters are well known namely the flood of illegal immigrants and more balanced development.
“There must be more allocation for rural development. That is their call for fairness and justice,??? he said.
Maximus proposed a panel at the federal government level to address the issues.
“They (the issues) are not new and we need an action plan. The prime minister and the deputy prime minister have given instructions to take action in certain fields but the follow-through has been very weak.
“So, what we need is a committee to look into this and work it out so there are milestones to be achieved,??? he said. — Bernama
