Article 10 (2), (3) and (4) also contradict Freedom of Association. Anti-hopping law is for electoral trusts

The minister in the prime minister's department, Datuk Seri Nazri Aziz has mentioned that the anti-hopping law would go against Article 10 of the Federal Constitution which he claimed, protects the people's freedom of association.

However, Datuk Nazri only mentioned Article 10 in general and did not specifically go deeper into the contents of Article 10. Actually, inside Article 10 of the Federal Constitution, Section 1 guarantees the freedom of speech, expression, right to assemble peacefully and the right to form associations, while Section 2, 3 and 4 says that the parliament may impose laws and restrictions onto what has been mentioned on Section 1.

This means, in Article 10 itself, these sections are already contradicting each other. What is the use of having Article 10, Section 1 which guarantees freedom of association when on the other hand, Section 2, 3 and 4 has been created to restrict the rights enshrined in Section 1?

As for the proposed anti-hopping law of which the BN government has been opposing, that kind of law was not supposed to be link with the Federal Constitution at all. The anti-hopping law was supposed to be part of the existing electoral law which governs the electoral process and order. This means, the anti-hopping law is applied more on protecting the people's right and their electoral choice at large.

In this case, when a candidate contested under a party banner and won, it was because the people elected the said party, and when that candidate who won a particular seat under the party banner which he or she is a member and suddenly decided to switch to another party, isn't that called betrayal of trusts?

In order to effectively oppose the proposed anti-hopping law, the BN government is now trying to use the Federal Constitution in order to justify their purpose in doing so. We urge Datuk Nazri to state the facts right and not confusing the public with the Federal Constitution. The proposed anti-hopping law's aim is to safeguard the interests and the choices of our people, to prevent money politics and wipe out electoral corruptions. Party-hopping by unfaithful politicians are in fact working against the people's rights and their choice of representation.

If the Datuk Nazri and the BN government are really sincere about Freedom of Association as enshrined in the Federal Constitution, then abolish Article 10, Section 2, 3 and 4 in order to grant our people the effective rights and freedom. Otherwise, the Article 10, Section 1 of the Federal Constitution would be useless.

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