Saturday, January 12, 2019

EC should not be pathetic but do the needful to ensure BERSIH elections ..?

Election Commission (EC) chairman Azhar Azizan Harun is WRONG - anyone can make a police report about election offences not just those with first-hand information. EC should make it EASY - people should also be able to make reports at EC - EC could always forward reports and follow up with relevant authorities including the Public Prosecutor to ensure that reports are acted upon... No use just 'advising' the wrongdoer not to repeat the offence ...which is now an offence in our law, which also provides for specific sentences...



FREE AND FAIR ELECTIONS - New government and new EC Chief... but still there seem to be wrongdoings - violations even our own Election laws...but still, where is the enforcement and the required changes?


EC Chair comes out and blames the absence of investigative and prosecutorial powers of the EC...WHAT? Anyway, he says that the MACC, police and others (surely includes the Public Prosecutor)..


Every elections, so many Malaysians volunteer to be polling and/or counting agents(PACA) - and so many cases of wrongdoings emerge...cases of people pretending to be another coming to vote in place of the true voter(a very serious offence as it also means fabricated identification cards), corruption and threats to get people to vote, candidates spending more that the legally permissible limits(Limit is set to ensure that all candidates can only spend so much - and nothing more either directly or even indirectly..), no using of government machinery/resources to bring an unfair advantage to 'government' party candidates...


The last by-election was Port Dickson - and all candidates should have already submitted their accounts to the EC. BUT, to date, I have not seen any actions by the EC and/or others concerning election offences/crimes. Did Anwar Ibrahim spend less that the LEGAL limit of  RM200,000? 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;...-Section 19  Expenses in excess of maximum to be illegal practice (Election Offences Act 1954)
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,...15A  Prohibition of certain expenses during campaign period (Election Offences Act 1954)

Either all those events were 'authorized' - which suggest cost of organizing would be part of the candidate's expenditure? - hence, charges against Anwar and/or his agent should have been filed?


OR they were not authorized - hence action would have been taken against the organizers of the pestas, jamuans, military camp activity, etc? 


SILENCE - so, what is happening?


Were there no other election offences during the PD by-elections?


Maybe, the EC Chair need to REPORT whether there was any offences, status of investigations and cases.... OR was it really a totally 'clean and fair' elections, what we have all been wanting demonstrated also by the hundreds of thousands  that turned up for BERSIH events...


Why focus on PD? Well, that was, I believe, the first parliamentary by-elections conducted by the EC under this NEW Chairman.


Now, we are going to have the next by-elections in Cameron Highlands...and reported EC Chairpersons comments are disturbing...



Election Commission asking people to lodge reports about election wrongdoings to the relevant authorities...which could be the police or the MACC pathetic. 


So, we are supposed to go to police to report...and police may say 'salah tempat'...go to MACC...end result people get fed up... election offences go still no FREE and FAIR elections...


What EC should do is help make it easy... people should be asked to report to EC...and EC can direct to relevant authorities the report and info...EC could also follow-up to make sure police, MACC does their maybe true that the EC now does not have investigative and prosecutorial powers....but that really does not mean that EC cannot do all things possible to ensure FREE and FAIR elections....


WHO SHOULD BE MAKING POLICE REPORTS, ETC...? Anyone - not just those who with 'first-hand information'...


We all know that most Malaysians will not even be BRAVE enough to come forward and report, it is usually others that hear about it that will make these reports... One fear is 'retaliation' by the violator and friends...sadly a 'culture' that emerged when BN ruled...Many believe that they may be 'discriminated' in terms of government help, scholarship, etc...We have seen how many places that did not vote for BN ended up stagnated in terms of development...One wonders whether similar practices ended with the end of BN or not - with a recent allegation that apparently one PH Senator threatened salary and ...


Art Harun also should not be telling people wrong things... i.e. only those with first hand knowledge should report(as recently reported in one media).. anyone who suspects an alleged crime can make a police report.... reports move authorities to investigate....and take actions...' Only those with first-hand information should lodge police reports over any alleged electoral offence, says Election Commission (EC) chairman Azhar Azizan Harun (pic).- Star,11 Jan'


PAKATAN Harapan Senator Bob Manolan has denied threatening Orang Asli village chiefs (Tok Batin) in Cameron Highlands that they could lose their salaries and posts if they do not vote for the federal government in the January 26 by-election.Manolan said his remarks at an event with Orang Asli voters this morning were that Tok Batin should not hold their positions while also holding a position in Umno simultaneously. - Malaysian Insight, 11/1/2018

The Orang Asli have been fighting long to be able to chose their own Tok Batin - but alas, the BN government just continued with 'political appointees' - Malaysians want the right to democratically elect their own village and/or housing area(taman/kampung baru) leaders...and if PH still continues with the 'political appointee' practice ...then loss of job/post could be a real enforceable threat.

In any event, what my political party is should really not effect my being a 'Tok Batin' or a ketua kampung ...democratically elected leaders of orang asli villages, kampungs, tamans should be the way...the people in a community knows who to choose....END POLITICAL APPOINTMENT ... 

Losing candidates file Election Petition to nullify the results and get a new elections called...or to get the winners disqualified. They really may not be bothered about all other election offences and wrongdoings - but Malaysians are - we want CLEAN FAIR elections ...

IF EC is not bothered, then maybe others, maybe SUHAKAM, Bar Council, etc may have to step in to HELP...

Wrongdoers must be investigated and prosecuted without fear or favour even if they are from PH or PH friendly parties...When in Opposition, they criticized the use of government machinery and resources...let's home that this principle is adhered to even now, when they are in government...

See related posts:-

Mat Sabu salahgunakan kuasa untuk bantu Anwar? Anwar bikin bukan saperti cakap? EC diam?

7 candidates in PD elections? Are they given 'equal opportunity', by the media, EC, police?

MP Danyal folly? Anwar? Unnecessary waste of our monies? Betrayal? Hero?




EC chief: Only those with first-hand info should lodge police reports

  • Friday, 11 Jan 2019

    PETALING JAYA: Only those with first-hand information should lodge police reports over any alleged electoral offence, says Election Commission (EC) chairman Azhar Azizan Harun (pic).

    "Nobody should lodge a report if he or she does not have a first-hand factual information on any incident.
    "If anyone with a second-hand story lodges a report, his or her statement to the authorities would be merely hearsay," he told The Star on Friday (Jan 11).

    Azhar, who is popularly known as Art Harun, was commenting on news portal Malaysiakini's report, which stated that PKR's Bob Manolan Mohamad had allegedly warned Orang Asli village chiefs (Tok Batin) in the Cameron Highlands constituency that they could lose their salaries and positions if they did not vote for Pakatan Harapan in the coming Jan 26 by-election.

    Azhar said that the EC, which did not have any investigative or prosecutorial powers, could only implore candidates and campaigners to comply with the Election Offences Act.

    "Pasukan pemantau (observation team) can advise campaigners or candidates on the spot if it witnesses incidents that breach the law," he added.

    Meanwhile, Bob Manolan, in a statement on Jan 11, said that his remarks to the Tok Batin were misquoted.

    According to him, he said that Tok Batin should not hold the position of village chiefs if they also held positions in Umno.

    He said that it would be a conflict of interest if Tok Batin remained as Umno members while drawing allowances from the federal government.

    "In my statement, I did not issue a warning that says 'no vote, no pay'," he said.

    Bob Manolan said that those who were appointed by the Orang Asli Development Department (Jakoa) have the responsibility to carry the voices of the Orang Asli from their respective areas.

    "It is logical and rational for them to be in line with the aspirations and policies of the Pakatan government, which wants to bring the best service and attention through the relevant agencies, especially Jakoa," he added.

    Nomination for the Cameron Highlands elections will be on Jan 12 (Saturday), early voting on Jan 22 and polling day on Jan 26. - Star, 11/1/2019

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