Saturday, October 20, 2018

Azhar Harun, EC Chairman - Election 'offences' in PD? Acting 'without fear or favour'..or 'sweep under the carpet'?

If Anwar Ibrahim is found guilty of a corrupt practice in PD Elections, he can lose his PD MPship? So will there be investigation, prosecution, trial...of those who committed Election Offences during the PD Elections ...Will the EC do anything? They are after all responsible for CLEAN AND FAIR Elections - and to ensure all laws are complied...
Source: FMT News


The new Election Commission Chairman Azhar Harun will now have to prove whether it is truly committed to 'FREE AND FAIR' Elections - or is it simply business as usual, where Election Offences are simply 'swept under the carpet' more so if the victorious candidate is from from one of the Pakatan Harapan parties or one of their main leaders.

It is ABSURD to say that the Election Commission is only about determining electoral boundaries, issuing ballot papers, conducting elections, counting votes and announcing winners? 

Azhar Harun - the Port Dickson Elections is the first he is responsible for. There have been allegations of possible election offences? What will he do...what he does is important for our NEW Malaysia who is committed to Rule of Law, Justice, Equality, Free and Fair Elections. Anyone who breached the law, even if it is a Pakatan Harapan candidate, must be investigated, charged and tried. 

Will Azhar Harun succeed in demonstrating his independence and integrity?

15A  Prohibition of certain expenses during campaign period 
(1) No expenses shall, with a view to promoting or procuring the election of a candidate, be incurred during the campaign period, by any person other than the candidate, his election agent and persons authorized in writing by the election agent on account-
(a) of holding, convening or organising any open public meeting, open public rally, open public display or open public entertainment or giving open public address or lecture;
(b) of printing or issuing advertisements, circulars or publications; or
(c) of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing, or disparaging another candidate:...

Remember - It is an OFFENCE to organize even programs during the Campaign period
'...with a view to promoting or procuring the election of a candidate...' unless you are the candidate, his agent or '...persons authorized in writing by the election agent...' 

- well, I believe, even the government, Minister, Ministry, Armed Forces ...could all be charged for this offences ...That function involving military personnel in Port Dickson..with the Minister Mat Sabu(did he not do something to 'promote and procure the election of candidate Anwar?) or that Menteri Besar of Negeri Sembilan....maybe also the Comander of the Camp? - the fact was reported in the Media, and I believe that Azhar Harun and EC knows about this - Will they investigate? Will they report to the relevant authorities to take action? Will they push for prosecution...OR will it all be 'forgotten'? 

- well, what about the shows and feasts 

- Well, functions could have been organized for some other reasons or 'views' - but if it do something to 'promote and procure the election of candidate Anwar?...although it may be a 'view' (or a later 'view') >> it may still be against the law..

Now, if there was no authorization from Anwar and/or his agent in writing, then the Organisers themselves may be guilty...But then, if Anwar attended(spoke or did not speak), would he not be an accomplice?

Well, after the elections, CANDIDATES have 31 days to submit ...so, will MP Anwar's do it in time and truthfully...Will the EC make sure that it the whole truth and nothing but the truth...? LET'S SEE...

23  Return and declaration respecting election expenses
(1) Within thirty-one days after the date of publication of the result of an election in the Gazette every candidate at that election or his election agent shall deposit with the State Elections Officer a true return, in this Act referred to as the "return respecting election expenses," in Form B in the First Schedule, containing detailed statements as respects that candidate of-

....(e) all money, securities and other valuable consideration received by or promised to the candidate or his election agent from or by any other candidate or person for the purpose of expenses incurred or to be incurred on account or in respect of the management of the election, naming every person from whom the sum may have been received or by whom such sum may have been promised, showing as to each sum whether it was received as contribution, loan, deposit or otherwise;
....(f) the amount of expenses, if any, incurred by any person authorized by the candidate or his election agent under subsection 15A(1).
(4) If any candidate or election agent fails to comply with the requirements of subsection (1) or (2) he shall be guilty of an illegal practice and this section shall be in addition to and not in derogation of section 11.

REMEMBER, to ensure a FAIR Elections - LIMITS are placed on expenditure - so a richer candidate will not have an advantage over a poorer candidate or party?

19  Expenses in excess of maximum to be illegal practice
(1) Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by a candidate at an election or by his election agent, after the date of publication of the notice of the election in the Gazette, during or after an election, on account of or in respect of the conduct or management of such election, in excess of-
(a) two hundred thousand ringgit in the case of an election to the Dewan Rakyat;...


ELECTION PETITIONS - well, these are usually in Malaysia taken up by candidates who were 'wrongly' disqualified or obstructed on nomination day, or those who 'lost' who hopes to demonstrate that there was wrongdoings that would have altered the results ...

35  Relief which may be claimed
All or any of the following reliefs to which the petitioner may be entitled may be claimed in an election petition:
(a) a declaration that the election is void;
(b) a declaration that the person was not duly elected or ought not to have been returned;
(c) (Deleted by Act A1177:s.25)
(d) where the seat is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes, a scrutiny.

So, we are not talking about ELECTION PETITIONS - but we are talking about taking action against those who committed election offences ...'corrupt practices' ...noting that for a Candidate it may also result in him/her losing his seat

11  Punishment and incapacities for corrupt practice
(2) Every person who is convicted of a corrupt practice shall, subject to any specific provision to the contrary in any written law relating to any election, by conviction become incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction:...
So, MP Port Dickson Anwar Ibrahim(possible Prime Minister in waiting), is at RISK of losing his seat if convicted of an election offences?

So, what will Art Harun and the EC do? Without fear and favour enforce the law ...OR make sure that the Election laws are enforced... even if it means it could mean Anwar may be no more PD MP if convicted?

NEW Malaysia - we get a new government, and we get a NEW Election Commission head, and the 1st by-election in his watch is the Port Dickson by-election ...

What will the EC Chair do? It is lame that he previously asked people to lodge reports with the police, MACC ---- BUT this is about Elections, and as such 'Election Offences', 'corrupt practices' during Elections is still the concern of the Election Commission ...The EC may not have the power to prosecute ...but they can REPORT to police, MACC, etc and make sure that all cases are investigated, alleged perpetrators charged, tried...They, the EC, can get cooperation of the police, MACC, etc 

REMEMBER one of the objects/duties of the EC is to ensure that elections are conducted according to law...

MAYBE, we need a special police task force who will assist the EC to ensure no 'law-breakers' get off scot free




11  Punishment and incapacities for corrupt practice(Election Offences Act)
(1) Every person who-
(a) commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;
(b) commits the offence of treating, undue influence or bribery;
(c) prints, publishes, distributes or posts up or causes to be printed, published, distributed or posted up any advertisement, handbill, placard or poster which refers to any election and which does not bear upon its face the names and addresses of its printer and publisher;
(d) makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in relation to the personal character or conduct of such candidate;
(e) makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at such election; or
(f) being a candidate or election agent knowingly makes the declaration as to election expenses required by section 23 falsely,
shall be guilty of a corrupt practice, and shall, on conviction by a Sessions Court, be liable, in the case referred to in paragraphs (a) and (b), to imprisonment for a term not exceeding two years and to a fine of not less than one thousand ringgit and not more than five thousand ringgit, and, in any other case, to imprisonment for a term not exceeding one year and to a fine not exceeding two thousand ringgit. Offences under paragraphs (a) and (b) shall be seizable offences within the meaning of the Criminal Procedure Code.

(2) Every person who is convicted of a corrupt practice shall, subject to any specific provision to the contrary in any written law relating to any election, by conviction become incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction:
Provided that such disability shall cease on the expiry of five years from such conviction.
(3) A prosecution for a corrupt practice except any corrupt practice as defined in paragraph (1)(d) and (e) shall not be instituted without the sanction of the Public Prosecutor.

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