In a statement, Azalina said the anti-hopping law implicitly allows parties to migrate en bloc from one coalition to another. However, she pointed out that it does not differentiate between a political coalition and a political party.
“The implication here is that if an existing political coalition competed under one logo and presented one manifesto in the general election, and more importantly, if these candidates obtained their watikah (appointment letter of candidates) to run for election directly from the leader of their respective political coalitions, these coalitions for all intent and purposes is a political party under the anti-hopping law.
“Thus, any component party which seeks to leave an existing political coalition as described above will have to vacate their seats for they have defected from a political party,” she said.
Yesterday, Barisan Nasional chairman Ahmad Zahid Hamidi said all its MPs will follow the Supreme Council’s decision on the formation of the government.
He previously said all BN MPs had also signed a pledge before the general election that gives him the mandate as Umno president to determine any political alliance to establish a government.
GE15, held on Saturday, saw BN winning only 30 seats, trailing far behind Pakatan Harapan’s 82 and Perikatan Nasional’s 73.
Shortly after that, there were talks between PH and BN on forming the government together. Their combined seats would give them 112 seats in the Dewan Rakyat, just enough to secure a simple majority.
However, several BN leaders have since come out to express their objection to joining hands with PH, including Umno treasurer-general Hishammuddin Hussein.
Azalina also said it would not be unconstitutional and a violation of freedom of association for MPs to cease being members of a coalition and lose their parliamentary seats if they disobey directives that follow the operations of the anti-hopping law.
“In the process of introducing the anti-hopping law, the lawmakers in the previous Parliament had also amended Article 10 on the Federal Constitution on the freedom of association, to restrict the freedom of association for MPs, subjected to the anti-hopping law.
“The implication here is that an MP is bound by party directive, and no longer a ‘free agent’,” she said.
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