7 September 2021

Press statement by MCA Spokesperson Chan Quin Er

Recall Act empowers voters to decide MPs’ fate without compromising freedom of association

The House of Representatives Recall Act as proposed by the MCA Bill Committee would give a constituency's electorate the choice whether to recall their Member of Parliament or not if he or she hops party. With consideration of Article 10 (1) (c) of the Federal Constitution, a Recall Act is the best plausible solution to rampant party-hopping, without compromising an MP’s freedom of association.

Under the Recall Act, MPs who hop party after being elected to office would have to submit to the recall process if a voter from his or her electorate makes a recall petition application to the Election Commission.

The practice of party-hopping has plagued Malaysia for many years, even causing a national crisis. This is counter-productive to the nation’s development, and causes the rakyat to lose confidence in politics.

Especially after GE14, both sides of the political divide have committed an equal share of party-hopping with various justifications. Regardless of the reasoning, it is undeniable that this behaviour can be seen as a betrayal of the Rakyat’s mandate. Without a law holding MPs accountable, party-hopping will continue to happen unchecked.

Faced with this lawlessness, many suggestions have been put forth such as creating an Anti-Hopping Act to bind MPs to their party. However, this would infringe on a person’s freedom of association guaranteed by the Federal Constitution. Thus, we believe that the Recall Act can effectively address party-hopping without contradicting the Constitution, while also empowering the electorate to make decisions that can lead to the recall of an MP.

We urge public interest groups and NGOs to collaborate and build a more democratic nation together with MCA. MCA will continue to engage with stakeholders so that the proposed recall process is thoroughly reviewed before a final draft is submitted.

Chan Quin Er

MCA Spokesperson

-MCA online-