English 
Malay By: Lim Chee Han
Organisation/ Individual: Agora Society Malaysia
Policy Code: 3a Electoral Reform
Problem Statement and Current Policy:
Malaysia has often been in the state of political instability, as the electoral competition among major parties or coalitions is getting more intense and less predictable. Changing party affiliation in order to force the collapse or change hand of one government to another has caused the fall of Sabah (1994), Perak (2009) state governments, as well as Federal government, Johor, Melaka, Perak, Kedah (2020) after the notorious Sheraton Move, and an serious but failed attempt in Sabah (2020). Many called for some kind of anti-hopping law, but due to precedent ruling in 1992 (Kelantan State Assembly vs Nordin Salleh) mainly citing on the conflict of such law to freedom of association guaranteed under the Federal Constitution, anti-hopping law exists currently in several states are difficult to be enforced. Recall election proposal is also suggested, though that could be one good mechanism to deal with other issues of elected representative (ie. Public scandal), it is slow and maybe ineffective to act on the political consequences due to party switching. A tweak to the general perceived anti-hopping law has to be done, because it always starts with the assumption that the person automatically loses the seat (as a penalty) for the personal choice of his/her freedom of association (ie. choosing another political party)
Value(s) and Belief:
Elected representative has to seek reaffirmation of their mandate for a major decision he/she has made: representing different party. Reaffirming election is a fair and democratic way to decide if the incumbent should still occupy the seat.
Proposal of Solution and Call for Action:
Reaffirming mandate law can address to the shortcomings of the commonly prescribed anti-hopping law. 1) The concerned ADUN or MP can switch political party without immediate penalty. The seat is still his/hers until the reaffirming election results shows otherwise. 2) During this period, the concerned ADUN or MP can still resume the office and constituency duties, including handling of constituency fund, and voting in the state assembly/parliament. 3) Only voting rights related to deciding the formation of government are suspended. The affected government can operate as a minority government until reaffirming election(s) is over. 4) Reaffirming election is akin to the Recall election (only the incumbent candidate is contesting), though it is automatically triggered and the nature of the question is to ‘reaffirm’ the mandate. Thus, this proposal presents a new variant to respond to the anti-hopping law, can also immediately and effectively stop the incidence of government collapse due to mass defections. Most important element of all, it is to enshrine the electoral democracy, let the rakyat decide the mandate when it is in doubt. No more representation by claim of support, but with real electoral support.
Additional information: