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Monday, March 30, 2009

Election Commission should just conduct elections fairly. Rejection of PSM logo???

How difficult it is to register a political party in Malaysia? It is very very difficult.

The Socialist party of Malaysia (PSM - Parti Socialis Malaysia) have been trying to register their party since 1998 - and finally after many court battles, they were finally succeeded in being registered by the Resgistrar of Societies (ROS) in August 2008. [Note after GE2008 in March 2008 - and as a result PSM candidates had to contest under the name/logo of other Pakatan Rakyat parties].

One would have expected all their troubles to end - and thereafter the party can finally start its membership drive and get down to party work, etc...

But wait - now we find that Election Commission is preventing their registration as a political party for the purposes of contesting in elections. And the issue is the party logo - the clenched fist. What nonsense...

The Election Commission should merely record the already legally registered Parti Socialis Malaysis (PSM)

They have been using that symbol since day one - and how can one rightly expect them to change their logo now...[Think about it....what would be the effect if UMNO, or DAP, or PAS or BN is suddenly asked to change their logo...]

And why can't PSM use the 'clenched fist'? because “it is morally unsuitable” and “has connotations of violence.”

What about the KERIS that is used by UMNO in its logo, or the 'Rocket' in DAP's logo, and the list can go on and on....

Any reasons whatsoever...any means whatsoever is used by the UMNO-led BN government , and now the Election Commission (whose independence is in question) to ensure that UMNO led-BN government will continue to rule.

The Election Commission have overstepped its 'boundaries' a few times recently:-

- in not accepting the Perak Speaker's information that 3 State Assemblypersons of Perak had resigned (The EC's duty is thereafter to just fix the date for the by-elctions - but alas, the EC did not do this but contradicted the Perak Speaker, and declared that there was no resignation - no vacancy - no by-elections. I doubt if they would have done the same if it was some BN ruled State Assembly speaker)

- in suddenly creating a 'new rule' about not being able to display flags/materials if the said party was not contesting in the by-elctions. It was specifically directed at the Pakatan Rakyat political parties. They said that all BN parties could however do so since BN was legally See earlier post:- Only PAS flag, materials (maybe speakers later) allowed for Bkt Gantang by-elections - so UNJUST

- now this non-sense about PSM (after the ROS has approved their registration)...

Parti Socialis Malaysia (PSM) is concerned that if the Election Commission (EC) does not approve its party logo – a fist – it may not be able to contest in any state election.

Founding member Dr Michael Jeyakumar Devaraj said that the EC, in its letter dated Feb 13, had questioned the PSM logo because “it is morally unsuitable” and “has connotations of violence.”....

....The EC would not be independent in its decision making if it rejects the symbol, Dr Devaraj said.

“They should be consistent in their decision since Umno has a keris symbol and the tiger symbol of an independent contesting in the Bukit Selambau by-election was approved recently,” he said.

Since PSM received approval from the Home Ministry and the ROS last August, it had submitted copies of its registration certificate, party constitution, organisation chart and party logo as required by the EC in order to register as a political party for elections, he said. - Star, 30/3/2009, PSM is still waiting for EC’s approval


We want Local Council elections - we already have the Act. So, why the delay? FEAR?

Have we all forgotten about that promise to have Local Council Elections?

Some said that we needed time, and that Local Council Elections would be held soon before the end of 2009 at least in the States still under Pakatan Rakyat - now clearly 4. Who controls Perak is controversial - we have 2 Menteri Besars, etc..

Well, when are we going to have that Local Council Elections..

If it was done in 2008, immediately after PR became government in 5 States, we could have had the 2nd elections by 2011, before the next General Elections..now maybe, the chance is lost...

We hear almost no talk about Local Council Elections - and I am concerned. Is work being done for the preparation for Local Council Elections by end 2009 at all...

There will be by-elections..and by-elections...party hopping, etc...and 'constitutional crisis' - but it no excuse for not doing the required to have the Local Council Elections.

Even if no Local Council Elections - at least do the Kampung, Taman, etc elections first - and there is nothing that stands in the way of this.

Just to share with you all, theLOCAL GOVERNMENT ELECTIONS ACT 1960 (Revised 1991)ACT 473.

YES - there already is such an Act in place. Remember we did have Local Council Elemctions until UMNO-led coalition decided to stop them because the worry then was, I believe, that other than persons from the UMNO-led coalition of parties may be elected in as Local Councillors. Is this the same fear now that the Pakatan Rakyat State Governments have..

Maybe, it is time for Pakatan Rakyat to re-affirm its commitment that, at the very least, they will do the very best to have Local Council (or Local Government) Elections before the end of 2009.

LOCAL GOVERNMENT ELECTIONS ACT 1960 (Revised 1991)

ACT 473

PREAMBLE

PART I - PRELIMINARY

1. Short title.

2. Interpretation.

PART II - CONSTITUTIONS OF MUNICIPALITIES

3. Administration of municipalities.

4. Grant of Constitution of municipality.

PART III - TOWN AND RURAL BOARDS

5. Elections of members of Town and Rural Boards.

PART IIIA - LOCAL COUNCILS

5A. Elections of members of Local Councils.

PART IV- COUNCILLORS

6. Qualifications of Councillor.

7. Provision against double membership.

8. Effect of disqualification, and prohibition of nomination or appointment without consent.

9. Resignation.

10. Absence of Councillor.

11. Decision as to disqualifications.

11A. Appointment and power of Secretaries in Town Councils.

12. Casual vacancies.

13. General election.

13A. Filling of vacancies.

PART V- SUPERVISION OF ELECTIONS

14. Appointment of Supervisor of Elections and other officers.

15. Powers of Supervisor of Elections.

16. Powers of Election Commission relating to wards, etc.

PART VI -ELECTIONS

17. Qualifications of electors.

18. Electoral rolls.

19. Elections.

20. Power of the Election Commission to make regulations for the registration of electors.

21. Powers of the Election Commission to make regulations for the conduct of elections.

PART VII- GENERAL

22. Cesser of application of certain laws.

23. Special provision relating to orders under section 52 of the Local Authorities Elections Ordinance, 1950.

24. Saving concerning the Federal Capital.

FIRST SCHEDULE (Section 6) - Qualifications of Councillor

SECOND SCHEDULE (Section 17)

THIRD SCHEDULE (Section 11A)

Preamble

An Act for the purpose of ensuring uniformity of law and policy in respect of local government elections throughout Malaysia and for matters incidental thereto.

[West Malaysia-1 June 1960; East Malaysia]

[Enacted in 1960 as Act 11/60. Revised in 1991 and published as Laws of Malaysia Act 473. The revised version came into force on 16 September 1991.]

BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Local Government Elections Act 1960.

2. Interpretation.

In this Act, unless the context otherwise requires-

"ballot paper" means any paper referred to in section 19(2);

"candidate" means a person who is nominated, in accordance with any regulations applicable to such nomination, as a candidate for election;

"Constitution" in relation to any municipality means the Constitution for the time being in force granted to such municipality;

"Councillor" means, in respect of-

(a) a City Council, the Mayor, Deputy Mayor and any Councillor of such Council;

(b) a Municipal Council, the President, Deputy President and any Councillor of such Council;

(c) a Town Council, District Council or Rural District Council, the President, Deputy President and any Councillor or member of such Council;

(d) a Local Council, the Chairman, Deputy Chairman and any member of such Council;

"contested election" means an election at which more candidates have been nominated than there are vacancies to be filled;

"Deputy President" includes a Deputy Mayor or Deputy Chairman;

"election" means an election for the purpose of electing a Councillor;

"elector" means a person qualified as an elector in accordance with section 17 and entitled to be registered as an elector to vote at an election;

"electoral roll" means an electoral roll kept and maintained under regulations made under section 20;

"electoral ward" means a division of the local area made by the Election Commission under section 16;

"general election" means an election held pursuant to section 13 or 23;

"local area" means the area under the jurisdiction of a local authority;

"local authority" means the Council of any municipality to which a Constitution has been granted or any Town Board or Rural Board to which a direction has been given under the Local Authorities Elections Ordinance 1950, or this Act, or any Local Council to which a direction has been given under section 5A as the case may be;

"Local Council" means a Local Council established under section 4 of the Local Councils Ordinance 1952;

"municipality" means a municipality created under the provisions of the Municipal Ordinance;

"Municipal Ordinance" means the Municipal Ordinance of the Straits Settlements in force in the States of Malacca and Penang and as applicable to the States of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Trengganu by the Municipal Ordinance (Extended Application) Ordinance 1948;

"President" includes a Mayor or Chairman;

"registered elector" means in relation to any electoral ward or division an elector whose name at the date of the election appears on the electoral roll for such ward or division; and "registering officer", "revising officer", "returning officer" and "Supervisor of Elections" or "Supervisor" in relation to the local area or an electoral ward or division mean respectively a registering officer, a revising officer, a returning officer and the Supervisor of Elections appointed under section 14 in respect of the local area or an electoral ward or division of the local area;

"State Authority" means the Ruler or Yang di-Pertua Negeri of the State, as the case may require;

"voter" means a person who, whether his name does or does not appear in an electoral roll, applies to vote or votes at an election.

PART II

CONSTITUTIONS OF MUNICIPALITIES

3. Administration of municipalities.

(1) Notwithstanding any provision of the Municipal Ordinance to the contrary the municipal affairs of every municipality in a State shall be administered by a Council consisting of a President and a Deputy President (if one be appointed) and such number of elected or of elected and of appointed Councillors as may be prescribed by the Constitution granted to such municipality:

Provided that nothing in this subsection shall prevent the Legislature of a State to provide in the Municipal Ordinance for the transfer of any of the functions of the Council relating to the municipal affairs of the municipality to any person, officer or authority for such period as the State Authority may deem necessary or desirable in the public interest.

(2) Such Constitution may provide for the election of the President and of all the Councillors, and shall in all cases provide that-

(a) the total number of Councillors (exclusive of the President) shall be not less than six and not more than twenty-four; and

(b) the number of elected Councillors shall be at least a majority of the total number of Councillors (exclusive of the President).

4. Grant of Constitution of municipality.

(1) The State Authority shall, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to such municipality, by order grant to each municipality created within the State under the Municipal Ordinance at any time after the coming into operation of this Act, and within three months of the date of the notification creating such municipality, a Constitution under this Act.

(2) Subject to subsection (3), every Constitution granted under this Part may-

(a) prescribe the total number of Councillors;

(b) prescribe the number of Councillors to be elected and the number (if any) to be appointed;

(c) prescribe the manner in which the President and Deputy President of the Council shall be appointed or elected;

(d) prescribe the powers and duties of the Deputy President of the Council;

(e) subject to this Act, prescribe the disqualifications of Councillors and candidates for election as Councillors;

(f) prescribe the manner in which appointed Councillors shall be appointed and, subject to the provisions of this Act, the term of office of appointed Councillors;

(g) subject to this Act, prescribe the circumstances in which the seat of any Councillor shall become vacant and the manner in which such vacancy shall be filled;

(h) prescribe the number of Councillors present at any meeting which shall constitute a quorum;

(i) provide for the payment to Councillors of allowances and other privileges and of a salary or allowance to the Councillor for the time being performing the duties of the President or Deputy President;

(j) regulate or authorise the making of rules by the Council of the municipality to regulate the procedure at meetings.

(3) Every Constitution granted under this section shall be laid on the table of the Legislative Assembly of the State concerned and shall not come into operation until it has been approved, with or without amendment, by a resolution of such Legislative Assembly.

(4) Upon a Constitution being approved under subsection (3) it shall, together with any amendments so approved, be published in the Gazette of the State within which the municipality is situate.

(5) Every Constitution published under subsection (4) shall have the force of law and shall have effect notwithstanding any provision in the Municipal Ordinance to the contrary; and on and after the date of the coming into operation of any such Constitution any reference in any written law to the President or Deputy President or to the Municipal Commissioners or to the Municipal Commissioner or Commissioners of a municipality to which such Constitution refers shall be deemed to be a reference to the President or the Deputy President or to the Municipal Councillor or Councillors respectively appointed or elected under such Constitution; and such Councillors shall be deemed to be the successors of any Commissioners appointed for such municipality under the Municipal Ordinance without any break in such succession, as if such Councillors had been duly appointed under such Ordinance:

Provided that where the State Authority pursuant to any power in the Municipal Ordinance transfers any of the functions of the Council relating to the municipal affairs of a municipality to any person, officer or authority the Constitution aforesaid (or so much of the provisions thereof as may be specified in the order effecting such transfer) shall during the period of the transfer be deemed to be suspended and shall cease to have the force of law and shall cease to have effect.

(6) Subject to Article 76 of the Constitution, no Constitution in operation under this Act shall be amended, modified or repealed otherwise than by a law passed by the Legislature of a State.

PART III

TOWN AND RURAL BOARDS

5. Elections of members of Town and Rural Boards.

(1) Notwithstanding anything to the contrary contained in any written law which relates to Town Boards or Rural Boards in force in any State, the State Authority may, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to the Town Council, Town Board or Rural Board having jurisdiction in such area, by order published in the Gazette of the State direct that the whole or a majority of the members of a Town Council, Town Board or Rural Board established in the State under any such written law shall be elected instead of appointed or nominated by the State Authority; and where any such order is made in respect of a Town Board or Rural Board such Board shall thereupon be called a Town Council, District Council or Rural District Council, as the case may be, and every member thereof shall be styled a Councillor.

(2) Subject to subsection (3) every order made under this Part may-

(a) prescribe the total number of Councillors;

(b) prescribe the number of Councillors to be elected and the number (if any) to be appointed;

(c) prescribe the manner in which the President and Deputy President of the Council shall be appointed or elected;

(d) prescribe the powers and duties of the Deputy President of the Council;

(e) subject to this Act, prescribe the disqualifications of Councillors and candidates for election as Councillors;

(f) prescribe the manner in which appointed Councillors shall be appointed and, subject to this Act, the term of office of appointed Councillors;

(g) subject to this Act, prescribe the circumstances in which the seat of any Councillor shall become vacant and the manner in which such vacancy shall be filled;

(h) provide for the payment to Councillors of allowances and other privileges.

(3) The State Authority may at any time amend, modify or repeal any order made under this section.

PART IIIA

LOCAL COUNCILS

5A. Elections of members of Local Councils.

(1) Notwithstanding anything to the contrary contained in the provisions of any written law which relates to Local Councils in force in any State, the State Authority may, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to the Local Council having jurisdiction in such area, by order published in the Gazette of the State direct that the whole or a majority of the members of a Local Council shall be elected under this Act.

(2) Subject to subsection (3) every order made under this Part may-

(a) prescribe the total number of Councillors;

(b) prescribe the number of Councillors to be elected and the number (if any) to be appointed;

(c) provide for a Chairman and Deputy Chairman of the Council and prescribe the manner in which they shall be appointed or elected;

(d) prescribe the powers and duties of the Chairman and Deputy Chairman of the Council;

(e) Subject to this Act, prescribe the disqualification of Councillors and candidates for election as Councillors, and provide that, notwithstanding section 6, paragraph 2(g) of the First Schedule shall not apply to such class or description of officer in any public service in Malaysia as the State Authority may by notification in the Gazette prescribe;

(f) prescribe the manner in which appointed Councillors shall be appointed and, subject to this Act, the term of office of appointed Councillors;

(g) subject to this Act, prescribe the circumstances in which the seat of any Councillor shall become vacant and the manner in which such vacancy shall be filled;

(h) provide for the payment to Councillors of allowances and other privileges;

(i) prescribe the form of any declaration of acceptance of office as a Councillor;

(j) provide for the procedure, quorum and meetings of the Local Council.

(3) The State Authority may at any time amend, modify or repeal any order made under this section.

PART IV

COUNCILLORS

6. Qualifications of Councillor.

Every person with the qualifications specified in the First Schedule is qualified to be a Councillor unless he is disqualified under the said Schedule.

7. Provision against double membership.

A person shall not be elected as a Councillor for more than one electoral ward, nor be both an elected and appointed Councillor.

8. Effect of disqualification, and prohibition of nomination or appointment without consent.

(1) If a Councillor becomes disqualified for membership of a local authority, or dies, his seat shall become vacant.

(2) If a person disqualified for being a Councillor is elected or appointed to a local authority, or if an election or appointment is contrary to section 7, the election or appointment shall be void.

(3) (Repealed by Act 20/1965).

(4) A person cannot be validly nominated for election or appointed as a Councillor without his consent .

(5) Subsection (4) shall not apply to any public officer who is appointed as an official or ex officio Councillor.

9. Resignation.

(1) A Councillor may resign his office by writing under his hand addressed to the President of the local authority.

(2) Any Councillor so resigning shall, subject to the provisions of this Part, be eligible for re-election or re-appointment.

10. Absence of Councillor.

If a Councillor is without leave of the President of the local authority absent from three consecutive ordinary meetings of the local authority or fails during a period of three consecutive months to attend at least one meeting of any standing committee to which he may have been appointed the local authority may by resolution declare his seat vacant.

11. Decision as to disqualifications.

If any question arises whether a Councilor has become disqualified for membership of a local authority, the decision of the local authority shall be taken by resolution, and such resolution, when approved by the State Authority, shall be final:

Provided that this section shall not be taken to prevent the practice of the local authority postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

11A. Appointment and power of Secretaries in Town Councils.

(1) In relation to a Town Council, the President of which is an elected Councillor, and in respect of which the written law specified in column 1 of the Third Schedule applies, the State Authority may in the order made under section 5-

(a) provide for the appointment by the State Authority of a Secretary; and

(b) prescribe the tenure of office and the duties of the Secretary.

(2) All the functions of a president of a Town Council aforesaid (other than the functions specified in the corresponding column 2 of the Third Schedule) shall on the appointment of a Secretary, be exercisable only by the Secretary.

12. Casual vacancies.

(1) (Repealed by Act 49/61).

(2) Whenever a casual vacancy among the elected Councillors of a local authority occurs within six months before the date of the next general election, an election shall not be held to fill the vacancy but the vacancy shall be filled at such general election:

Provided that if upon a vacancy or a number of simultaneous vacancies so occurring more than three months before the date of the next general election the total number of unfilled vacancies exceeds one-third of the total number of elected Councillors this subsection shall not apply and a Councillor shall be elected to fill each of such vacancies.

(3) A person elected to fill a casual vacancy in the seat of an elected Councillor shall hold office until the date upon which the Councillor in whose place he is elected would regularly have retired.

(4) Notwithstanding the preceding provisions of this section, if at any time within three months before the date of the next general election the number of seats of the elected Councillors of a local authority which are vacant from any cause whatever exceeds one-half of the total number of seats of such elected Councillors the State Authority may if he shall think it necessary for the due discharge of the functions of the authority, appoint persons to fill all or any of such vacant seats:

Provided that every such appointment shall determine upon the date of the next general election following the appointment.

(5) For the purpose of this section and of section 13A a vacancy shall be treated as having occurred on the date on which it is established that there was a vacancy.

13. General election.

(1) The Councillors elected at each general election to a local authority shall, subject to this Act, hold office for a period of three years from the date appointed by the State Authority pursuant to subsection 2.

(2) A general election in respect of all the elected seats of a local authority shall be held within sixty days of the expiration of the period of three years referred to in subsection (1), and the local authority shall meet on such date, being not later than thirty days from the date of such general election, as the State Authority may appoint.

(3) The Councillors elected or appointed to any local authority who are members of such authority immediately prior to the expiration of the three years prescribed in subsection (1) may continue in office until the day preceding the date appointed under subsection (2).

13A. Filling of vacancies.

If for any reason-

(a) an election is not held on the day appointed for the election or within the appointed time;

(b) an election fails wholly or in part or becomes void; or

(c) a casual vacancy occurs among the elected Councillors,

the Election Commission shall within sixty days from the date on which it becomes aware of the facts contained in paragraph (a), (b), or (c), conduct an election.

13B.Election may be held after sixty days.

Notwithstanding section 13(2) and section 13A an election (whether a general election or an election to fill a casual vacancy) may be held after the expiration of the period of sixty days mentioned in the said subsection (2) or the said section 13A, where the Election Commission, upon representation in that behalf being made to it by a State Authority, is satisfied that the holding of such election within the period of sixty days aforesaid is impracticable or would not be in the interest of the public.

PART V

SUPERVISION OF ELECTIONS

14. Appointment of Supervisor of Elections and other officers.

(1) The Election Commission may appoint in respect of each local authority a Supervisor of Elections and such registering, revising and returning officers, assistant returning officers and other election officers for the local area as may be necessary.

(2) The Election Commission may, from time to time, appoint such number of clerks and interpreters as may be necessary for the purposes of this Act.

15. Powers of Supervisor of Elections.

The Supervisor of Elections shall, subject to the general direction and control of the Election Commission, in regard to the local authority-

(a) have general direction and supervision over the administrative conduct of elections of Councillors and enforce on the part of all registering, revising and returning officers, presiding officers and other election officers fairness, impartiality and compliance with the provisions of this Act and of any regulations made thereunder applicable to such elections;

(b) have power to issue to registering, revising and returning officers, presiding officers, and other election officers such directions as he may deem necessary to ensure effective execution of the provisions of this Act or of any regulations made thereunder applicable thereto;

(c) have power to administer any oaths required to be taken under this Act or under any regulations made thereunder;

(d) exercise and perform all other powers and duties which are conferred and imposed upon him by this Act or by any regulations made thereunder.

16. Powers of Election Commission relating to wards, etc.

(1) The Election Commission shall by notification in the Gazette of the State concerned, in respect of each local area-

(a) divide the local area into electoral wards and such other divisions as the Commission may consider necessary or expedient for election purposes;

(b) specify the names of the wards and other divisions of the local area and assign a distinguishing letter or letters or number or both to each such ward and division;

(c) appoint a place and, where the Commission considers it necessary or expedient so to do in the special circumstances of the case two or more places as the polling station or stations for each ward and division.

(2) The Election Commission may use free of charge as a polling station any school or any portion of a school in receipt of a grant, or in respect of which a grant is made, out of monies provided by any Government in Malaysia.

(3) The Election Commission shall make good any damage done to, and defray any expenses incurred by the persons having control over any school or portion thereof by reason of its being used as a polling station under subsection (2).

PART VI

ELECTIONS

17. Qualifications of electors.

(1) Every citizen with the qualifications specified in the Second Schedule is entitled to vote in an electoral ward in any election to a local authority unless he is disqualified under the said Schedule.

(2) No person shall in the same election to any local authority vote in more than one electoral ward.

(3) If a person is in an electoral ward by reason only of being a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or of being detained in custody he shall for the purposes of subsection (1) be deemed not to be residentin that ward.

18. Electoral rolls.

(1) The electoral rolls shall, unless the Election Commission shall otherwise direct, be combined with the register for Parliamentary electors and State electors maintained under the Election Act 1958.

(2) For the purpose of preparing the electoral rolls relating to the first general election to any Local Council held under this Act, the Election Commission may use such parts of the current electoral rolls relating to Parliamentary or State Constituencies as relate to any polling district situated within the local area of such Council.

19. Elections.

(1) Subject to the provisions of the Election Offences Act 1954, the candidate for an electoral ward who polls the greatest number of valid votes cast by the registered electors of such ward shall be deemed to be the elected Councillor for such ward:

Provided that if more than one Councillor is required to be elected for such ward, candidates shall be deemed to be elected Councillors in accordance with the relative number of such valid votes polled by them.

(2) In any poll in a contested election the vote of each voter shall be given by means of a paper marked by the voter to indicate his vote, which shall be inserted by the voter in a closed ballot box provided for the purpose in such manner that the vote given by such voter shall be secret:

Provided that if any voter is unable to read, his vote may be given in any such manner as may be prescribed.

(3) No person shall be entitled to more than one vote at any election:

Provided that if more than one Councillor is required to be elected for an electoral ward each voter shall be entitled to a vote in respect of each vacancy to be filled at such election.

20. Power of the Election Commission to make regulations for the registration of electors.

(1) The Election Commission may make regulations for the registration of electors and for all matters incidental thereto.

(2) Without prejudice to the generality of the foregoing power, such regulations may-

(a) prescribe the keeping and maintenance of electoral rolls in the local area or in any electoral ward or division of the local area and the form of such rolls;

(b) prescribe the procedure to be followed in the preparation and publication of electoral rolls therein;

(c) prescribe the time at which any electoral rolls shall be revised and the procedure to be followed in making such revision;

(d) prescribe the procedure to be followed in the preparation and publication of new electoral rolls of any electoral ward or division where the boundaries of such ward or division have been altered or where such ward or division has been created after the preparation of electoral rolls;

(e) prescribe the procedure to be followed in the making and determination of claims to have any name inserted in an electoral roll or in a new or revised electoral roll and of objections to the insertion or inclusion of any name therein;

(f) provide for the payment of compensation, not exceeding fifty ringgit, to any person aggrieved by the making without reasonable cause of an objection to the insertion or inclusion of his name in any electoral roll;

(g) prescribe any form of application, notice or other document which it may be necessary or desirable to use in connection with any of the matters dealt with in this section;

(h) authorise any registering officer or revising officer, for the purpose of considering or determining any application, claim, objection or appeal which he is required to consider or determine under any regulations made under this section, to summon any person to appear before him and to give evidence on oath or affirmation and to administer any such oath or affirmation for such purpose and to order the production of any document relevant to any issue which such officer is required to consider and determine;

(i) prescribe the fees to be paid upon any application, notice, claim or objection and the manner in which such fees shall be disposed of;

(j) prescribe the manner in which any electoral roll or new or revised electoral roll shall be certified and provide that such electoral roll shall be conclusive evidence, in such manner and subject to such exceptions and limitations as may be so provided, of the right or non-existence of the right of any person to vote at any election in the electoral ward or division to which such roll relates;

(k) provided for the correction of clerical errors in any electoral roll;

(l) prescribe the form of notices and certificates to be used under the Second Schedule.

21. Powers of the Election Commission to make regulations for the conduct of elections.

(1) Subject to section 17, the Election Commission may make regulations for the conduct of elections and for all matters incidental thereto.

(2) Without prejudice to the generality of the foregoing power such regulations may-

(a) prescribe the date of the holding of any election and the manner in which notice of the holding of such elections shall be given;

(b) prescribe the procedure for the nomination of candidates and for the making of, and decision on, objections to any nomination;

(c) prescribe the amount of any deposit, not exceeding two hundred and fifty ringgit in each case, to be made by or on behalf of candidates and the circumstances in which such deposit may be forfeited;

(d) provide for the publication of notice of the date on which a poll in the case of a contested election will be taken;

(e) prescribe the facilities to be provided at polling stations, and the persons who may be admitted to polling stations on the date at which a poll is taken and provide for the appointment of presiding officers in respect of polling stations;

(f) prescribe the manner in which votes may be cast and the construction and sealing of ballot boxes used in such elections and for the issue of ballot papers to electors;

(g) provide for the manner in which, and the persons by whom, any question as to the identity of any person claiming to vote shall be determined;

(h) prescribe the form of any ballot papers and counterfoils to be used in elections;

(i) prescribe the manner in which ballot boxes, unused or spoilt ballot papers, marked copies of the register of electors, counterfoils of ballot papers, and other documents shall be dealt with upon the closing of the poll;

(j) prescribe the procedure to be followed in the counting of votes and the circumstances in which votes may be rejected by a returning officer as invalid;

(k) provide for the making and publication of returns by the returning officer and of a statement of the poll in regard to any election;

(l) prescribe such forms as may be necessary or desirable to be used in connection with the matters dealt with in this section or any regulations made thereunder;

(m) provide that certain acts are to be deemed illegal or corrupt practices for the purposes of the Election Offences Act 1954.

PART VII

GENERAL

22. Cesser of application of certain laws.

(1) On the coming into operation of this Act-

(a) in any State other than the States of Penang and Johore, Parts I, II, III, IV, VII and VIII of the Local Authorities Elections Ordinance 1950, shall, subject to this Part, cease to apply to such State;

(b) in the State of Penang, Parts I, II, VII and VIII of the Local Authorities Elections Ordinance 1950, and the Penang Conduct of Elections Authorisation Enactment 1958, shall subject to this Part, cease to apply to such State;

(c) in the State of Johore, Parts I, II, VII and VIII of the Local Authorities Elections Ordinance 1950, and the Johore Conduct of Town Council Elections Enactment 1959, shall, subject to this Part, cease to apply to such State,

and such cesser shall be deemed to be a repeal for the purposes of the Interpretation Acts 1948 and 1967.

(2) All orders, directions, appointments, notifications and regulations made under the laws referred to in subsection (1) and still subsisting or in force immediately before the coming into operation of this Act in any State shall, insofar as they apply to the State and are not inconsistent with this Act, be deemed to have been made under this Act and shall continue in force until other provision shall be made under this Act or until the date upon which they expire.

(3) Within three months of the coming into operation of this Act the State Authority shall, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to such municipality, by order grant to each municipality created within the State under Municipal Ordinance and in respect of which an order under section 4 of the Local Authorities Elections Ordinance 1950, is in force immediately before the coming into operation of this Act a constitution under this Act; and Part II (other than section 4(1)) shall apply to every such Constitution as if it were a Constitution granted under that Part.

23. Special provision relating to orders under section 52 of the Local Authorities Elections Ordinance, 1950.

(1) Upon the expiry of any order made under section 52 of the Local Authorities Elections Ordinance 1950, and in force in any State in relation to any local authority in the State immediately before the date of the coming into operation of this Act the term of office of all Councillors of such authority shall determine and a general election shall be held in respect of the vacancies in the seats of such Councillors or, in the case of appointed Councillors, appointments thereto shall be made, within sixty days from the date of such determination, and the local authority shall meet on such date, being not later than thirty days from the date of such general election, as the State Authority may appoint:

Provided that notwithstanding any such determination of the term of their office such Councillors may continue in office as if they had been elected or appointed, as the case may be, under this Act until the day preceding the date appointed under this subsection.

(2) Notwithstanding section 13(1), the Councillors elected under subsection (1) shall, subject to the other provisions of this Act, hold office for a period of two years from the date of the general election referred to in subsection (1); and section 13(3) shall have effect as if for the reference to the three years contained therein there were a reference to a period of two years.

24. Saving concerning the Federal Capital.

Nothing in this Act shall affect the Constitution of the Municipality of Kuala Lumpur, as from time to time amended, or the Federal Capital (Municipal Elections) Ordinance, 1958.

FIRST SCHEDULE

(Section 6)

Qualifications of Councillor

1. A person shall be qualified to be a Councillor under section 6 if?

(a) he is not less than twenty-one years old;

(b) in the case of an elected Councillor, he is a citizen; and

(c) he is not disqualified under paragraph 2 of this Schedule.

2. A person shall be disqualified for being a Councillor if?

(a) he is and has been found or declared to be of unsound mind; or

(b) he is an undischarged bankrupt; or

(c) he has been convicted of an offence under the Election Offences Act 1954, or has in proceedings relating to any election in Malaysia been proved guilty of an act constituting such offence; or

(d) having been nominated for election to either House of Parliament or the Legislative Assembly of a State or a local authority, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or

(e) in a court of law in Malaysia, there has been proved against him, or he has been convicted on, a charge in respect of?

(i) an offence involving fraud or dishonesty; or

(ii) an offence under any law relating to corruption; or

(iii) any other offence for which he is sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or

(f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in a foreign country or has made a declaration of allegiance to a foreign country; or

(g) in the case of an elected Councillor, he holds any whole-time office in any public service in Malaysia; or

(h) without the written permission of the Ruler or Yang di-Pertua Negeri of the State he is concerned or interested in any contract or work made with or done for the local authority:

Provided that?

(i) a person shall not be deemed to be so concerned or interested merely by reason of his being a shareholder in or a director (other than the chairman or managing director) of a duly incorporated company which has a contract with or executes work for the local authority;

(ii) this paragraph shall not apply to contracts made with a local authority for the supply to a Councillor of water, gas, electricity or other local authority services;

(iii) this paragraph shall not apply to contracts the consideration for which does not exceed one hundred and fifty ringgit; or

(i) he has, during the period of five years preceding the election, been convicted of an offence under section 4(1) of the Sedition Act 1948 which is an offence by reason of section 3(1)(f) of that Act; or

(j) he is subject to such other disqualification as may be prescribed in the Constitution granted under Part II or the order made under Part III or Part IIIA in respect of the local authority.

3. The disqualification of a person under paragraph 2(c), (d) or (e) may be removed by the Ruler or Yang di-Pertua Negeri of the State and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the person convicted as mentioned in the said paragraph (c) was convicted or released from imprisonment or proved guilty, whichever shall be the later, or the date on which the return mentioned in the said subparagraph (d) was required to be lodged or, in the case of a person mentioned in the said subparagraph (e), the date on which the charge was proved against such person or the date on which he was convicted or the date on which the carrying out of any punishment (including the carrying out of the terms of any bond ordered to be executed as a consequence of a charge having been proved or a conviction having been had) imposed upon such person was completed, whichever of these dates shall be the later, and a person shall not be disqualified under paragraph 2(f) by reason only of anything done by him before he became a citizen.

4. In paragraph 2 "foreign country" does not include any part of the Commonwealth or the Republic of Ireland.

SECOND SCHEDULE

(Section 17)

Qualifications of Elector

1. A citizen shall be entitled to vote in an electoral ward under section 17 if?

(a) he has attained the age of twenty-one years on the qualifying date; and

(b) he is resident within the electoral ward on the qualifying date or, if he is not so resident, if?

(i) he is the owner of immovable property within such ward with an assessed net annual value of at least sixty ringgit or an improved value of at least five hundred ringgit; and

(ii) he has paid such rates as have been assessed thereon and are payable thereon, in accordance with the provisions of any law relating to rating for the time being in force, for the year or half-year ending on December 31 of the year preceding such qualifying date; and

(iii) he has filed with the Election Commission within the registration or revision period notice in the prescribed form of his desire to have his name placed on or retained in the electoral roll for such ward, together with a certificate in the prescribed form that he has complied with the qualification specified in subparagraphs (i) and (ii); and

(c) his name is on the current electoral roll relating to such ward in accordance with this Act and any regulations made thereunder; and

(d) he is not disqualified under paragraph 2:

Provided that where a person who is not so resident is the owner of immovable property referred to in subparagraph (i) in more than one electoral ward of the local area, he shall be entitled as a non-resident voter, and on compliance with this paragraph, to only one vote in such local area, in respect of such electoral ward thereof as he may, in giving the notice required by subparagraph (iii), specify in such notice.

2. A citizen shall be disqualified for voting if?

(a) on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or

(b) having before the qualifying date been convicted in any part of the Commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for that offence; or

(c) he is disqualified under any law relating to offences committed in connection with elections.

3. In this Schedule?

"qualifying date" means the date by reference to which the electoral rolls are prepared or revised;

"registration period" or "revision period" means the period within which electors may apply for registration or within which the electoral rolls are revised, as the case may be.

4. The State Authority may by order notified in the Gazette direct that paragraph 1(b) shall not apply in relation to such local authority, or description of local authority, as may be specified in such order; and on the coming into force of any such order such subparagraph shall be deemed to be repealed in relation to such local authority, and replaced by the following subparagraph:

"(b) he is resident within the electoral ward on the qualified date;"

THIRD SCHEDULE

(Section 11A)

(1)

(2)

Town Boards Enactment of the Federated Malay States (F.M.S. Cap.137)

(1)The functions relating to meetings provided by Part II;

(2) The functions provided by subsection (iii) of section 44 and Parts V and VI.

Town Boards Enactment of Johore (Enactment No.118)

Town Boards Enactment of Trengganu (Enactment No. 12 of 1355)





Sunday, March 29, 2009

NO DAP flags, materials for 3 by-elections - ABSURD

No DAP flags and materials for these 3 by-elections is absurd.

We all know Pakatan Rakyat is PKR, DAP and PAS..

See earlier post :Only PAS flag, materials (maybe speakers later) allowed for Bkt Gantang by-elections - so UNJUST

Saturday, March 28, 2009

Only PAS flag, materials (maybe speakers later) allowed for Bkt Gantang by-elections - so UNJUST

Malaysia's 'independent' Election Commission has done it again...

No DAP, PKR flags material for the Bkt Gantang by elections. (Only PAS flags and material allowed)

No PAS and DAP flags/material for Bkt Selambau and Batang Ai - only PKR flags/materials.

Shocking how they make such announcements at the 11th hour - as nominations are tommorrow...and all posters, campaign materials have all been prepared, printed and paid for...

No such rule for all previous by-elections or even General Elections according to my memory...

Free and fair elections....

DAP and other irrelevant parties in Pakatan Rakyat are barred from displaying party materials during the tri by-elections in Bukit Selambau, Bukit Gantang and Batang Ai.

Election Commission deputy chairman Datuk Wan Ahmad Wan Omar said that as Pakatan Rakyat was a loose coalition which was not legally recognised, its component parties were not allowed to display party flags, banners and logos during the campaign period.

“We also do not allow irrelevant parties to apply for ceramah permit.

For example, in Bukit Selambau, we only allow PKR to apply for ceramah permits and display party materials. In Bukit Gantang only PAS flags can be displayed, he said.

However, Barisan Nasional component parties were free to display their respective party flags as it was a legally recognised coalition, he added.

DAP and other irrelevant parties in Pakatan Rakyat are barred from displaying party materials during the tri by-elections in Bukit Selambau, Bukit Gantang and Batang Ai.

Election Commission deputy chairman Datuk Wan Ahmad Wan Omar said that as Pakatan Rakyat was a loose coalition which was not legally recognised, its component parties were not allowed to display party flags, banners and logos during the campaign period.

“We also do not allow irrelevant parties to apply for ceramah permit.

For example, in Bukit Selambau, we only allow PKR to apply for ceramah permits and display party materials. In Bukit Gantang only PAS flags can be displayed, he said.

However, Barisan Nasional component parties were free to display their respective party flags as it was a legally recognised coalition, he added. - Star, 28/3/2009, ‘Irrelevant parties’ cannot display party flags at by-elections

Why? Because BN is a legally recognized coalition, and Pakatan is not...

All BN parties can fly their flags and display their materials BUT not Pakatan Rakyat parties...

Next, they will say only PAS members(and nobody else) can speak at ceramahs in Bukit Gantang by-elections...

I believe any party, group or persons should be allowed to display/distribute their flags/banners/posters/pamphlets materials during any elections. Of course, organisations and groups should be free to circulate their material in support of their chosen candidate.

Changing the rules at the eleventh hour is also very MEAN and unjust - an now maybe the UMNO-led BN controlled police will be out there pulling down pro-Pakatan Rakyat (pro-Opposition) materials ...maybe even making some arrests, etc..

Maybe, soon only members of contesting parties can be agents for the candidate - including polling and counting agents.

What is Malaysia coming to? Is it the flexing of muscle by the new UMNO chief?

UMNO leadership - strong and united? Don't kid around..

New PM - changes are coming

But is it for the better or for the worse..

Najib's concern is certainl not Malaysia and Malaysians. His primary concern seems to be UMNO - that 20-year old political party (Remember the UMNO was declared illegal - and was no more...then we had Mahathir-led UMNO Baru, and Tengku Razaleigh's Semangat 46).
"What is important is not individual feelings, but the future of Umno in this country!" added Najib. - Malaysiakini, 28/3/2009, Najib to abolish Umno's quota system
At least Mahathir Mohammad at one time was hinting about a new Barisan Nasional party - where members shall be of all ethnic groups, religions, cultures, etc..the Malaysian party. Believe that Pak Lah also did mention it once ...

Now, we have PKR (Parti Keadilan Rakyat), DAP, PRM(Parti Rakyat Malaysia) and maybe PSM (Parti Sosialis Malaysia) that claim to be truly Malaysian - and open to all irrespective of ethnicity, religion or culture.

Malaysian race - interesting to note that Wanita UMNO is also talking now about the Malaysian race. But alas you cannot move towards a Malaysian race when you talk about focusing the attention on one ethnic group.

Wanita Umno has proposed a formula to realise the formation of a Malaysian race as enshrined under Clause 3 of the Umno Constitution by outlining six thrusts. - Bernama, 27/3/2009, WANITA UMNO PROPOSES FORMULA FOR MALAYSIAN RACE

Najib, if he becomes PM, would things change?

- Will Uthayakumar, HINDRAF % and all those arrested and detained under the ISA and other laws that allow for Detention Without Trial be released...

- Will the 3-month suspension of HARAKAH and Suara Keadilan be immediately be revoked?

- Will there freedom of speech, opinion, expression and peaceful assembly be allowed to truly exist in Malaysia?

Interestingly this man, Najib, talks about justice being same for all BN and the Opposition.

Well, will be seeing more independent reporting in Television - would there be equitable and just opportunity given to those who do not subscribe to the UMNO-led BN views to express their views? We will be watching TV and monitoring the main-stream print media during these 3 by-elections in Kedah, Perak and Sarawak - and see whether is a fair coverage in the media, after Mohd Najib razak has become the President of UMNO. Whether by his actions he has ensured that there is that same justice for all.
He remarked that justice should not have double standards, one for the government and one for the opposition. - Malaysiakini, 28/3/2009, Najib to abolish Umno's quota system
The top post election winners are interesting.

We know that Hishamuddin Hussein Onn and Najib are realated (cousins) - and possibly in one team.

Muhyiddin - well, he was said by some to be the preferred choice of Abdullah Ahmad Badawi to be the DPM, but alas Najib (the VP with the highest number of votes) was not going to allow that - he wanted to be DPM. Respect for the elder, a value of many Asian cultures, was just not there in the quest to be DPM. Finally, after some time, Pak Lah gave in and named Najib as the DPM.

Muhyiddin did harbour thoughts of going for presidency - and then later 'gave in' to run for the post of Deputy President. So, is Muhyiddin and Najib in one team? I do not think so. Muhyiddin will be just waiting to prounce on Najib in his quest to be President - possibly PM of Malaysia. Why the need to pledge support...
Tan Sri Muhyiddin Yassin yesterday pledged his support to Datuk Seri Najib Razak to take charge of the government.
"I will do my very best if I am entrusted to be his deputy (deputy prime minister)," he said, but responded in jest that it was up to Najib to appoint him to the post when asked if he was sure the job was his. New Straits Times, 27/3/2009, Muhyiddin urges all leaders to close ranks
Muhyiddin also made an apparent bid to dispel allegations of his ambition to take over as the party president and the prime ministership.

pak lah and najib raising the umno flag agm 2009 260309 02“A number 2 must be like a number 2 and he cannot act like number 1. If I do, then the ship will sink."The experiences of all the number 2 will be my reference to serve and there is no better example of a number 2 than Najib,” he said to laughter from the delegates.

In typical Umno fashion, Muhyiddin then pledged his allegiance to Najib as the new Umno president and called on all party members to follow suit.
Was it in jest? Or Muhyiddin is really not sure of his future. Najib may chose Hishammuddin as the DPM. Why not?

After all, if the BN loses all 3 by-elections (or even 2 of the by-elections), blame will lie on Muhyiddin. Najib has put the '1st trap' for Muhyiddin.. Najib, as new President of UMNO should have just taken the responsibility himself - for after all he is still not PM yet. - Malaysiakini, 28/2/2009,
Muhyiddin to PM: I have done wrong, forgive me
If Mohd Ali Rustam contested, maybe Muhyiddin may have lost. Maybe, Najib did him a favour, and Muhyiddin now owes Najib - and will be totally loyal to Najib, when he became the PM. Let's not forget that Muhyiddin was not really 'loyal' to Abdullah Ahmad Badawi when he was PM...did he not 'derhaka' kepada pemimpin - but at least now he apologized.

The man who openly attacked Abdullah Ahmad Badawi’s leadership and had undoubtedly hurt the prime minister’s feelings along the way apologised publicly today.

MCPX
Newly-elected party deputy president Muhyiddin Yassin in his closing speech today ‘poetically’ admitted to have done wrong to Abdullah and asked for his forgiveness.

najib mahathir pak lah umno 2009 agm final day 280309 11“I admit to have wronged you, I hope that you forgive me,” said Muhyiddin in citing a traditional Malay pantun (poem) to convey the message.

Muhyiddin was one of the main players behind the early retirement of Abdullah and was the most vocal Umno leader to have called for the latter to step down following the party’s poor electoral performance in the 12th general election in 2008, its poorest performance since 1969.

His public assaults triggered the domino effect that hastened Abdullah’s departure when other senior party leaders began to openly call on him to step down.
- Malaysiakini, 28/2/2009, Muhyiddin to PM: I have done wrong, forgive me

What about the Vice Presidents?
Ahmad Zahid Hamidi - Bagan Datok, Perak (1,592)
Hishammuddin Hussein - Sembrong, Johor (1,515)
Mohd Shafie Apdal - Semporna, Sabah (1,445)
Ahmad Zahidi Hamidi - he was the UMNO Youth President in 1998 - and was seen by many as an Anwar Ibrahim's man.
In a sign of a continuing sweep against Mr. Anwar's supporters, a seventh ally, Ahmad Zahid Hamidi, head of the youth wing of the ruling party, was arrested today. He was also charged under the Internal Security Act. - New York Times, 22/9/1998, Malaysian Police Break Up Protests on Arrest
On 30/9/1998, Umno Youth Chief Zahid released from ISA, as well as 4 leaders of ABIM. And on 2/10/1998, Zahid announces his resignation as Umno Youth Chief. “The decision to resign is not due to any particular party or UMNO leader,” he told a news conference. “It is due to the realisation of the importance of party unity and the sacrifice I had to make as leader of the youth wing.”

“As a leader with responsibility, I thought resigning was something I had to do,” he said. “I will continue to work for the party as a member and I will remain in UMNO. I hope my descision is respected by all parties.” (source: AFP) [Source: Website]

Now, it was said that Zahid Hamidi's deputy, Hishammuddin Hussein grabbed the opportunity and forced Zahid to resign - and hence the begining of Hishamuddin Hussein as the UMNO Youth head until just a few days ago.

Has Zahid forgiven what Hishammudin did to him? Is he in the Najib team - a 100% loyal supporter? I wonder...

From the same website, which also gives a chronology - it may be of interest for us to remember 1998...and I have pasted this at the bottom of my post... (Note that I am not saying that this is 100% true - but is merely a version of the chronology of what happened)

Mohd Shafie Apdal - I have nothing to comment about him. Need more research...mmm

The other Vice Presidents - the UMNO Youth Head - no need to say anything there

The Wanita UMNO head - seen as a Pak Lah loyalist

The Puteri UMNO head - nothing to say there..

At the end of the day, we are talking about politicians - today they proclaim to the world that they fully support you...but tommorow, they stab you in the back...

Let us not forget the 'forcing out' of Tuanku Abdul Rahman, Dr M...and now our Pak Lah. Loyalty in politics really do not exist. PKR has seen it when 2 jumped boat in Perak. DAP also experienced it when Hee left the DAP. I do not trust politicians - let them prove it with their actions first. Stop getting happy because they said they will do this and that - wait until they have done it first before being happy.

Local Council Elections - the promise of Pakatan Rakyat...but alas, 28/3/2009, more than 1 year later and....

The end.

______________________

On 14th April 2008, around 8.50pm, deafening shouts of reformasi from the 20,000-strong (some say 40,000) crowd welcomed Datuk Seri Anwar Ibrahim arrival at Kampung Baru, central Kuala Lumpur, the venue for the Black 14 gathering held to welcome the expiry on his five-year ban from contesting in elections.

Time really flies. I still remember the bold headlines on all newspapers on the 3rd of September 1998, declaring “ANWAR SACKED”. Not many national headlines could top that, ever or since!

Noting the historic proportions of what was unveiling, I was completely engrossed and noted the minutest details from any source that I could find, at least for the first few weeks since the news broke.

One result of my efforts then was this chronology of events leading to the date of sacking and onwards to a few months later - I am not sure if this is available anywhere else. It must be noted that I did not jot down the exact sources of information then, so the authenticity of the following cannot be 100% ascertained.

—————————————————–

Chronology of events

1974

Detained under ISA until 1976 (22 months).

1982

Joined UMNO

1997

Poison pen letter

The book “50 Dalil Kenapa Anwar Tidak Boleh Jadi PM” hastily released.

7th June 1998

Datuk Seri Anwar Ibrahim urges Umno members to stop the practice of cronyism, corruption and nepotism in the party. Umno Youth chief Datuk Zahid Hamidi echoed his call and said it was a serious problem in awarding of government contracts to bumiputra giant companies.

10th June

Zahid says Umno Youth will, at the the Umno General Assembly on June 18, reveal instances of nepotism in the awarding of mega projects.

13th June

Prime Minister Datuk Seri Dr Mahathir Mohamad denies foreign media reports of a rift between him and Anwar.

17th June

Anwar obtains an injunction against Khalid Jafri, author of 50 Dalil Mengapa Anwar Tidak Boleh Menjadi PM (50 Reasons why Anwar cannot become PM).

19th June

Dr Mahathir says he will support Anwar if there is a contest for the number two post. He also says that Umno will investigate whether Khalid’s book had any basis.

21st June

Anwar reiterates his loyalty to Dr Mahathir.

26th June

Police receives four reports in connection with Khalid’s book, including a report from former Malacca Chief Minister Tan Sri Abdul Rahim Thamby Chik.

30th June

Anwar refutes speculation that his position as Finance Minister will be undermined by the appointment of Tun Daim Zainuddin as Special Functions Minister.

1st July

Anwar says there is an attempt to topple him and claims that Khalid’s book is the tool used to achieve this. He also denies Bank Negara Governor Tan Sri Ahmad Mohd Dom would resign.

4th July

Anwar obtains fresh injunction on Khalid Jafri’s book.

11th July

Inspector-General of Police Tan Sri Rahim Noor says police are making detail investigations into the book.

20th July

Anwar denies reports of policy differences with Dr Mahathir following the resignation of group editors of Berita Harian and Utusan Melayu.

31st July

Anwar succeeds in getting an interim injuction to stop distribution of Khalid’s book.

1st August

A businessman implicated in the Khalid’s book is detained for questioning.

7th August

Anwar again denies rumours that he will resign because of differences with Dr Mahathir.

11th August

Anwar, as Penang Umno liaison chief, along with the state’s 11 divisions, again pledges his loyalty to Dr Mahathir, reiterating his promise that he will not challenge Dr Mahathir in the next party’s elections.

12th August

* Khalid Jafri is charged in court and in connection with the case, Magnum Corporation Berhad’s executive director Datuk Nallakaruppan Solaiman, is charged with possessing 125 rounds of ammunition without permit.
* Anwar again denies rumours of him resigning.

15th August

Anwar calls on people to rally behind Dr Mahathir for the country’s economic recovery.

19th August

A Sessions Court fixes Khalid’s hearing for Dec 7.

22nd August

Attorney-General Tan Sri Mokhtar Abdullah does not rule out the possibility of more arrests in connection with Khalid’s book.

27th August

Bank Negara governor Tan Sri Ahmad Dom and his deputy Datuk Fong Weng Phak resign. No reasons given. Later it was reported that they quit in protest of the economic measures put forward by Mahathir.

31st August

Tension can be seen between the wives of the PM and DPM. According to Dr Wan Azizah, Dr Siti Hasmah adopted a regal pose and brushed her hand aside when Dr Wan tried to shake hands with her during the National Day celebrations in Penang. “In politics, you’ve got to have a thick skin”: Dr Wan Azizah. (source: Borneo Post (Sabah))

1st September

Evening: Prime Minister Datuk Seri Dr Mahathir Mohamad meets Mentris Besar at Sri Perdana while Datuk Seri Anwar Ibrahim meets Penang Umno division leaders at his official residence. Apparently, the PM wanted to show the MBs the “evidence” of Anwar’s “problem”, and to ask their opinion.

2nd September

* morning: rumours of Anwar resigning circulate among the press
* 10am: Anwar meets PM. PM asks him to resign. Anwar refuses. PM gives him until 3pm to relent.
* 4pm: Four journalists arrive at Anwar’s residence at 47, Jalan Damansara. A policeman on duty inside Anwar’s house asks them to stay outside. A number of cars believed to be of his supporters are seen parked inside the compound.
* 4.30pm: The group of journalists grows bigger and a few policemen are now seen inside the compound watching the gate.
* 5pm: More of Anwar’s friends and supporters begin arriving.
* 5.30pm: Two police cars and Land Rovers arrive to control rush hour traffic outside the house and the number of pressmen swells to about 50. They seal off part of the road leading to the homes of Anwar and Dr Mahathir.
* 6pm: More supporters arrive, including some who claim they are university students. By this time the crowd inside the house is estimated at 100.
* 7pm: Anwar’s sacking letter reaches him. A white Volvo with several people inside is seen leaving the house.
* 7.45pm: Three FRU trucks carrying personnel and one police Land Rover are seen passing by Anwar’s place and park in the area around the Prime Minister’s house, 100m away.
* 7.50pm: Anwar’s wife Datin Seri Dr Wan Azizah Wan Ismail comes out of the house alone, and drives off in a Mitsubishi Pajero. She looks calm. According to Anwar’s supporters, she drove to the Prime Minister’s official residence, 100m away. And according to some sources, Wan Azizah drove to say goodbye to the PM and Dr Siti Hasmah. There is some information saying that Dr Siti Hasmah was so touched that she wept.
* 8.30pm: One of the reporters calls Anwar’s press secretary Adlin M. Sabri, who is inside the house. When asked, Adlin says Anwar will not issue a statement and neither will he (Adlin). Asked what they are doing inside, he says they are praying.
* 8.45pm: One of Anwar’s lawyers, Sulaiman Abdullah, arrives at his house.
* 9.40pm: IGP Tan Sri Abdul Rahim Noor is seen passing by Anwar’s house in a Mercedes.
* 10.10pm: Two women place two candles at the driveway of the house, after being refused entry by the police.
* 11.30pm: IGP Tan Sri Rahim Noor tells reporters at Bukit Aman that Datuk Seri Anwar Ibrahim is under investigation for allegations made in book “50 reasons why Anwar cannot become Prime Minister.” He said police was monitoring the security situation in the country.

3rd September (Thursday)

* 1am: Anwar’s press secretary Adlin M. Zabri informs the media near his Jalan Damansara residence that the former Deputy Prime Minister has no statement to make.
* 1.15am: Anwar’s political secretary Anuar Shaari assures supporters that everything will be okay and tells them to go home.
* 5am: Journalists camp outside Sri Perdana and Anwar’s home while armed police patrol the area, keeping journalists and supporters about 100m away.
* 8.45am: Magnum public affairs director Datuk S. Nallakaruppan, who is detained under the ISA, is brought to the High Court at Jalan Raja for hearing of application to transfer him from the Bukit Aman lock-up to Sungai Buloh prison.
* 9.25am: Some 30 General Operations Force personnel armed with M-16s in two trucks stop outside Anwar’s residence. They get down and walk towards Sri Perdana.
* 9.40am: The hearing of Nalla’s case begins before Justice Abdul Wahab Patail and the contents of four affidavits are later made public.
* 10.35am: Nalla’s lawyers Manjeet Singh Dhillon and Balwant Singh Sidhu arrive at Anwar’s residence.
* 11.15am: The lawyers leave after declining to say if they briefed Anwar on Nalla’s case.
* 11.55am: A four-wheel drive vehicle carrying Anwar’s and his family’s belongings leaves the residence and heads for Anwar’s own house at Bukit Damansara.
* 12.15pm: Umno Youth chief Datuk Ahmad Zahid Hamidi goes into Anwar’s residence.
* 2.35pm: Zahid with Umno Youth secretary Saifuddin Nasution Ismail drive out of Anwar’s house.
* 2.57pm: A Mercedes Benz believed to be driven by Anwar’s father leaves the house.
* 3pm: Anwar moves out of the house with his wife and children in a four-wheel drive vehicle after telling reporters that he will hold a press conference at his Bukit Damansara home. Halfway, his entourage passes the Prime Minister’s entourage of cars, which was heading for the city.
* 3.08pm: Anwar denies allegations in the affidavit and tells a press conference at his house that there is a political conspiracy against him at the highest level.
* 4.25pm: Minister in PM’s Department Datuk Dr Ibrahim Saad, Umno Youth chief Zahid Hamidi, PAS president Fadzil Noor, are seen with Anwar in the house.
* 5.05pm: Manjeet Singh arrives at Anwar’s house in a Mercedes Benz. He leaves 40 minutes later.
* 6.05pm: Two Astro technicians arrive to install a satellite dish.
* 7.15pm: Anwar goes live on CNBC in a telephone interview, saying that he hopes for the best but is prepared for the worst. Some 50 Anwar supporters, including former Deputy Health Minister Datuk Farid Ariffin watch the broadcast in the living room.
* 7.25pm: Anwar concludes the CNBC interview, comes downstairs and hugs Farid. They then perform the maghrib prayers.
* 7.35pm: Anwar holds discussions with supporters.
* 8.07pm: Dr Mahathir arrives at PWTC to chair the Umno Supreme Council meeting. Present at PWTC are some 500 Umno supporters.
* 8.15pm: Anwar leaves his home in a Pajero heading for PWTC. His wife and two aides accompany him.
* 8.30pm: Anwar arrives to cheers.
* 8.45pm: Dr Mahathir chairs Umno supreme council meeting.
* 10.20pm: Anwar’s supporters who number 1,000 start chanting and singing.
* 10.30pm: Anwar’s supporters distribute two private and confidential letters from Anwar to the Prime Minister dated Aug 25 and Aug 28 defending himself against all allegations.

More comments:

* Anwar expelled from UMNO during Supreme Exco meeting at PWTC. A few ministers were jeered when they made their way to PWTC, including Daim Zainuddin, Sabaruddin Chik and Najib Tun Razak. When Dr Mahathir emerged at 1.30 am (Friday morning), he was booed, jeered and pelted with plastic bottles and cans. Apparently, Zahid also raised his hand during the “consensus”. He was asked a few times whether he’s sure, and he said yes. “Sources close to Dato Zahid” explains that the so called consensus decision of the UMNO supreme council to expel Anwar never was a consensus. The meeting began with Mahathir simply saying that Anwar is a womanizer and must be expelled. He said that Sanusi Junid, Megat Junid and Daim showed him all the evidence. The “evidence” was the in form of prostitutes and transvetites brougth to see him. Anwar then swore in the name of Allah that he never commited any of the sexual misconducts and that he will not resign. The attack on Anwar was then lead by Ibrahim Ali and Sulaiman Mohd. Four members stood to defend Anwar. They were Dato Khalid Yunus, Dato’ Ibrahim Saad, Dato Afifuddin Omar and Dato’ Zahid Hamidi. Zahid objected because Mahathir was basically making the Supreme Council into a court where he himself is the police, judge, prosecutor and executioner. Mahathir continued rambling that Anwar is immoral and must be expelled. Mahathir insisted and the other Supreme Council members played along with him. He then announced to the media the so call “unanimous decision”. No show cause letter was ever issued to Anwar, no discplinary proceeding was initiated and he was just summarily dismissed.
* Electric supply to Anwar’s former official resident was cut off the very night he was expelled.

4th September (Friday)

* 12.35am: Anwar emerges from meeting and tells his supporters that he has been sacked. He vows to fight against all the charges levelled at him.
* 12.45am: Anwar leaves PWTC to shouts of Hidup Anwar.
* 12.50am: Datuk Seri Dr Mahathir Mohamad tells a press conference that the supreme council has decided to expel Anwar from the party.
* 1am: Supreme Council members start leaving.
* 1.05am: Dr Mahathir walks out. Crowd gets unruly and starts hurling objects in his direction. He is escorted by his bodyguards and driven away. The crowd continues shouting.
* Afternoon: Anwar performed Friday prayers at the Bukit Damansara mosque. He gave a speech after the prayers and the congregation was shouting “Allahuakbar”. They then carried him around the compound. Even the non-Malays in the surrounding offices came out to cheer him and shouted their support for him.
* Evening: According to one eyewitness who went to Anwar’s personal residence this evening, the following persons were there giving support and speeches: Chandra Muzafar, Samad Ismail, YB Ruhani Ahmad (Chairman of MARA and leader of the govt backbenchers club), Marina Yusoff, Dato Idris Jusoh, Dato Khalid Ibrahim (chairman of Guthrie), Prof Syed Naqib Al Attas, Dato Zahid Hamidi (there most of the time).

5th September

* Officially launches reform movement to “stand firm for justice, fight corruption and cronyism”.
* Several state governments have directed religious leaders not to allow mosques to be used for political purposes.

6th September

* Anwar cancels planned nationwide tour at last minute, due to fear of a backlash from the police.
* The New Straits Times quoted the country’s deputy police chief Norian Mai as confirming the arrest of Anwar’s adopted brother Siukam Sukma Darmawam, a businessman based in Kuala Lumpur.

7th September

* Anwar announces 2nd plan to go on nationwide tour. Scheduled to begin on 9th, 2 days before start of Commonwealth Games. Zahid pressured by some of his members to resign.
* Mahathir appoints Mustapa Mohamad, Entrepreneur Development Minister as Second Finance Minister with immediate effect. Mahathir will be First Finance Minister. Mustapa will continue to handle his current ministerial position, Bernama added. Some people are not pleased with this choice because allegedly, he made a mess while in charge of MARA.
* Mahathir gives official reason for Anwar’s sacking as: “doubts on his moral and personal integrity”.

8th September

Anwar cancels plans for a nationwide tour for the second time and will instead receive supporters at his home in the capital.

20th September

* Anwar arrested under ISA at 8.30pm at his home

21th September

* Zahid arrested under ISA at Kota Kinabalu
* Kamaruddin Mohd Nor detained under ISA

28th September

* Tian Chua arrested (from the Voice of the Malaysian People rights group, who chairs the Coalition for People’s Democracy)

28th September

* Sukma and Dr Munawar file appeal

29th September

* After 10 days in detention, Anwar finally emerges with a black eye and injured hand at the sessions court. His case is referred to the High Court and bail request was denied.

30th September

* Umno Youth Chief Zahid released from ISA, as well as 4 leaders of ABIM.
* Dr Mahathir hints that Anwar’s injuries in detention may be self-inflicted

2nd October

* Zahid announces his resignation as Umno Youth Chief. “The decision to resign is not due to any particular party or UMNO leader,” he told a news conference. “It is due to the realisation of the importance of party unity and the sacrifice I had to make as leader of the youth wing.”

“As a leader with responsibility, I thought resigning was something I had to do,” he said. “I will continue to work for the party as a member and I will remain in UMNO. I hope my descision is respected by all parties.” (source: AFP)

3rd October

* Kamaruddin Mohd Nor released from ISA detention
* Seven Malaysian women’s groups protests against alleged police violence and in support of Anwar and his associates who have been detained without trial. The groups are All Women’s Action Society, the Partners of Community Organisation, Sabah Women’s Resource Group, Women’s Development Collective, Tenaganita, the Women’s Friendship Association and the women’s wing of the committee in support of city exploration.

4th October

* Anwar taken to University Hospital for medical checkup

Source: Website - Post Title: Flashback: Chronology of Events leading to Anwar Ibrahim’s sacking on 2nd September 1998