Anti-party hopping law (Malaysia)

Reformasi and the Handover · Treatise · 8 min read

What Is Malaysia Anti-Hopping Law Article 49A?

Voters Vote for Candidates, and Also for Flags; Article 49A Asks, After an MP Switches Sides, Does the Seat Still Belong to Them

Constituencies turn ballots into seats, but once a seat enters Parliament, another question arises: can an MP take their seat with them when they switch parties? Malaysia passed the Constitution (Amendment) (No. 3) Act 2022, introducing Article 49A, which stipulates that if an MP elected as a member of a political party resigns or ceases to be a member of that party, their seat becomes vacant; An independent MP who joins a political party after being elected will also trigger a vacancy. However, there are exceptions, such as when an MP is expelled by their party. This article explains that the anti-hopping law is not a moral slogan, but a tug-of-war between voter mandate, MP conscience, and party discipline.