Friday, November 18, 2022

Report Election Offences - Election Spending Limit for fairness between candidates, PACA observed wrongdoings not reported by candidates?

ELECTION OFFENCES - the lack of enforcement is a major problem in Malaysia. Often candidates/parties get PACA(Polling and Counting Agents) who will monitor and record suspected(or perceived) election offenses on polling day - and then these evidence and/or suspicion are passed to the candidate(or the party) - BUT do these candidate/party even submit complaints of election offences to the Election Commission and the police.

Sadly, if they win, many candidate/party simply do not make any report of these election offences >> and all the hard work of the PACA is wasted. The offenders that are not penalized, that get away may only commit the offences come next elections...

Even when they lose, many candidate/party simply does not make any report of these election offences..

HENCE, these election offences, by reason of a lack of a REPORT to the Election Commission or the police never even get investigated, or prosecuted. Remember, if NO REPORT, police or EC may never start investigation. Report to police is very important, as we know that the EC still does not have sufficient powers to investigate and prosecute offenders on its own > the law must be amended to give the EC these powers...

Kind of common offences

'Ghost Voters' - these are persons not entitled to vote, who wrongly come to vote as a registered voter. A very serious offense - as it may include making/possession of a false identity card/MyKad. 'Ghost voters' also deny the rightful voter his/her vote - as the 2nd person(the true voter) when he comes to vote, and the EC record shows that he/she has already voted have previously been given a 'different' (normally in terms of colour)ballot paper - he/she votes, but this vote is not counted, whilst the vote of the 1st person(who may be a ghost voter) is counted. >>> PERSONATION

TREATING - Every person who, corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides or causes to be given or provided, or is accessory to the giving or providing, or pays or engages to pay wholly or in part, the expense of giving or providing any food, drink, refreshment or provision, or any money or ticket or other means or device to enable the procuring of any food, drink, refreshment or provision, to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at such election or on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election, and every elector or voter who corruptly accepts or takes any such food, drink, or refreshment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such food, drink, refreshment or provision shall be guilty of the offence of treating.

UNDUE INFLUENCE - '... makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting,...'

BRIBERY - '...gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector or voter having voted or refrained from voting at any election; ...'

PART III   CORRUPT PRACTICES[ELECTION OFFENCES ACT 1954 (REVISED 1969)]   
7 Personation

8 Treating

9 Undue influence

10 Bribery

11 Punishment and incapacities for corrupt practice

Many of us do come across of candidates/parties committing this offence ...but, most simply do not REPORT these offences.

So, if you are PACA, then besides giving the 'evidence' to the candidate/party - DO REPORT to the Election Commission AND the police > mention in the report also the fact that evidence of the 'crime' has been given to so and so, if that is the case. Then, there will be investigation - and we can deal with Election Offences. If they fail to investigate and act, then the BLAME is on them. But if you did not report the offences, then the BLAME is on you - and your failure causes 'dirty' elections.

Candidates/Parties who WIN also should make these reports - as the wrongdoer must be brought to justice. Not reporting makes us a person that do not bothers about FREE and FAIR elections. Winning or losing must never be the ultimate objective..

 

ELECTION SPENDING - The law states that the maximum expenses for campaigning for an MP candidate is RM200,000 > Why the limit? To ensure FAIRNESS amongst candidates. It prevents rich parties/candidates using more for campaigning than poorer candidates. But, if we observe, we see that some candidates are spending so much more than RM200,000 - BUT why is there no prosecution of these candidates that commit an Election Offence.

Remember, during election period - only the candidate, his/her Election Agent and those person with a written authorisation of the candidate/agent can spend monies can spend monies meant to promote a candidate/party or to assist a candidate > If others do so, it is an Election OFFENCE. This is IMPORTANT to ensure that the candidate does not exceed the spending limit of RM200,000..

Keluarga Malaysia adverts on TV, etc and actions of the Caretaker Prime Minister/Cabinet that 'campaign' for their party candidates is WRONG - unless authorised. How much was SPEND - is it shared amongst all PN-BN candidates, as all the BN-PN candidates benefit from this.

We really NEED A LAW that clearly states the things that a CARETAKER PM/Cabinet can do? After parliament is dissolved, until the new PM and Cabinet is appointed after elections, the caretaker Cabinet must just make sure the country is running as usual - no handing-out of monies/benefits, no announcement of new projects/development for particular constituencies, or benefits for a particular class of citizens,...etc. In 2022, again we see what I consider to be 'abuse of government powers' that may help governing party/candidates during election period...

19  Expenses in excess of maximum to be illegal practice [ELECTION OFFENCES ACT 1954 (REVISED 1969)] 

(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;

(b) one hundred thousand ringgit in the case of an election to a Legislative Assembly; ...

 

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:

Provided that this paragraph shall not-

(i) restrict publication in a newspaper or other periodical of any matter relating to the election;

(ii) apply to expenses incurred by any person in travelling or in living away from home, or to similar personal expenses.

Below, a NST report, which NST marked as 'sponsored content' - which means it is PAID FOR by Tengku Zafrul or was it BN or was it UMNO or PN-BN? - This certainly looks like CAMPAIGN MATERIAL meant to assist candidates of UMNO, BN or PN-BN Plus? Did is OBTAIN the required 'authorisation' of the candidate/party/agent - if not, then would it not be an ELECTION OFFENCE?

Will the police and/or Election Commission investigate this and prosecute the wrongdoer?

NST published it as a 'Sponsored Content' - but does it still not make it GUILTY - if there was no required 'written authorisation' from the candidates/agents? Remember, there is Nothing Wrong in candidates/agents placing adverts or 'sponsored contents' in newspapers, TV or radio > BUT the COST incurred becomes part of election spending, and if it exceeds the LIMIT, then it is an election offence?

Of course, media can offer 'special rates' to all candidates contesting in an election - that is OK. But, if the offer was made just to certain candidate or party, then the entire USUAL cost of such adverts or 'sponsored content' will fall on the candidate/party?

Remember, Spending Limit is to ensure FAIR ELECTIONS - and, it is needed. If not the RICH Candidate/Party will have an unfair advantage, and we in Malaysia certainly do not want that, do you? 

Tengku Zafrul: Hiring incentives and wage subsidies help jobseekers Sponsored content

KUALA SELANGOR: The government's initiatives to create and sustain jobs amid the Covid-19 pandemic have cut unemployment and ensured businesses remain resilient.

Caretaker Finance Minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz said the government's commitment has strengthened the labour market and boosted socio-economic growth.

 The initiatives included hiring incentives, wage subsidies and employee retention programmes.

Other measures were the JaminKerja Programme and MYFutureJobs portal, a job placement and career planning programme under the Human Resources Ministry via the Social Security Organisation (Perkeso).

These efforts, he said, saw the unemployment rate in Malaysia, which rose to 4.5 and 4.6 per cent in 2020 and 2021, respectively, slipping to 3.7 per cent in August this year.

The RM21 billion Wage Subsidy Programme, introduced on April 1, 2020, has benefited 358,000 employers and saved 2.96 million jobs, he said at the launch of Karnival Kerjaya JaminKerja Keluarga Malaysia 2022 on Thursday.

 "Up to October 14, the MYFutureJobs portal has helped 653,000 jobseekers, especially youth, secure employment nationwide.

"Of that figure, over 454,000 were recipients of the PenjanaKerjaya Hiring Programme and JaminKerja-Hiring Incentive Programme.

"As part of our continuous efforts [to create jobs], the carnival will offer 5,643 jobs by 26 employers.

"Alhamdulilah [praise be to God] this will also tackle unemployment issues faced by Keluarga Malaysia due to the pandemic," he said.

Tengku Zafrul said the government's policies have led to stronger gross domestic product (GDP) growth in three consecutive quarters, including the 8.9 per cent expansion in the second quarter of this year.

Malaysia's GDP performance, he said, was the best among Asean countries.

He said the reopening of the economy safely and in an orderly manner had driven domestic and external demand, stimulated business growth as well as boosted international trade.

"These were the results of the government's approach to listen to employers and employees, and continuously resolve issues through various measures," he added.

Tengku Zafrul said the government would help create jobs for the rural community, help workers acquire marketable skills and provide incentives to gig workers.

To create more jobs in rural areas, Perkeso, in collaboration with relevant agencies, will set up more MYFutureJobs Satellite Centres.

In the 2023 Budget, the government had proposed to build 13 satellite centres at Urban Transformation Centres nationwide to bridge the rural-urban divide.

This is on top of the 150 centres nationwide, which include 12 in Selangor, in areas such as Paya Jaras, Bukit Cherakah, Sungai Gumut, Bukit Kapar, the Prisons Department in Kajang, Bangi and Universiti Malaya.

Perkeso, he said, was working with the Human Resource Development Corp to set up the National Placement Centre in the Klang Valley, which would serve as a one-stop centre for jobseekers.

To help workers acquire marketable skills, the Finance Ministry, Human Resources Ministry and Human Resource Development Corp have set up the Upskill Malaysia platform to provide information on training and skills development programmes offered by ministries and agencies.

Tengku Zafrul said the Human Resource Development Corp's online learning platform, e-LATiH, offered free courses conducted by reputable international and local training providers.

"Aside from the RM1,500 new minimum wage enforced from May 1 this year, the government, through the Human Resources Ministry and Perkeso, also took a holistic approach to support various jobs and sectors. This includes gig workers.

"From 2021 until now, 58,456 self-employed individuals have received assistance through the KerjayaGig and SIP Gig incentives.

"Employers were also given financial incentives of up to RM42,000 for 12 months for each employee hired via the JaminKerja initiative.

"So, if you are looking for a new job, grab this golden opportunity.

"If you are hunting for a job in another state, the government provides a RM500 one-off mobility assistance that will be paid directly to the employee," he added.

JOB CARNIVAL GETS THUMBS UP

Determined to secure a stable job, Muhammad Hadi Hamza Sobri travelled for over an hour from Kuala Lumpur to 1 Plaza in Kuala Selangor for Karnival Kerjaya JaminKerja Keluarga Malaysia 2022.

The 27-year-old from Taman Melawati is a graduate in environmental engineering from Universiti Malaysia Perlis.

Hadi said he did not mind travelling far in hopes of landing one of the jobs offered by the 26 companies that took part in the carnival.

"I am a fresh graduate and I am job-hunting. I found out about this carnival from a radio advertisement and my friends.

"I went through the list of employers and was first drawn to a polymer manufacturing company, so I decided to try my luck.

"While I was surveying the other companies, I came across an engineering company, and I applied for the position of wastewater treatment officer.

"It was worth it to drive all the way here. I hope to hear from these companies soon," he said.

Another jobseeker from Kuala Lumpur, Ainaa Zahirah Zafli, 26, hopes to be hired as a graphic designer. The freelance headscarf designer was informed of the carnival by her elder sister, who advised her to secure a steady job after she obtained a degree from Universiti Teknologi Mara in Shah Alam.

"There are several suitable employers that I can apply to. I liked that there are companies from various sectors that have set up booths, ranging from food and beverage companies to chain supermarkets.

"Meeting potential employers in-person at this carnival is good, as I can get many questions answered, and I am able to build a rapport with prospective employers," she said.

Giatmara Kuala Selangor student Farizah Hilma Noh Isa, 16, went to the carnival to gain an insight into the working world.

Farizah, who was with her schoolmates, said she learnt about the participating companies and jobs offered.

"I aspire to become a fashion designer and hope to venture into the world of anime when I finish school. Coming to this carnival has provided me with an insight into the courses I should pursue after I finish school," she said. - NST, 6/11/2022

 

 

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