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?

EC Azhar Azizan Harun 'tiup wisel' NOW jika ada salahlaku PRK PD? Anwar ingkar undang-undang? Had belanja RM200,000?

Stop/Postpone PD Elections? Start again - this time make it CLEAN AND FAIR?

 

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.

Malaysia: activists welcome bills to abolish colonial-era laws with cautious optimism-Southeast Asia Globe, 17/10/2018

Pakatan Harapan government under Prime Minister Dr Mahathir has made us all proud with the decision to abolish the Death Penalty...  The former UMNO-BN used to give people hope by words of Ministers but alas, moat times we were all betrayed - just 'cakap kosong'....BUT not the PH(Amanah,PKR, DAP, Bersatu) and their current leaders commitment to justice, human rights and life is put into action ...now just waiting for the tabling of the Bills, passing of the law and the putting in force of the la hopefully by end 2018.

Malaysia: activists welcome bills to abolish colonial-era laws with cautious optimism

By: Amy Dodds - Posted on: October 17, 2018 | Current Affairs

Bills to abolish the death penalty and the Sedition Act, two of Malaysia’s archaic colonial-era laws, are expected to be tabled at the current sitting of parliament, which commenced this week in Kuala Lumpur. Human rights activists have welcomed the move but remain wary of sudden political u-turns

  Zulkiflee SM Anwar Ulhaque, better known as Zunar to Malaysians, is a political cartoonist. He currently faces up to 43 years in prison for criticising the Malaysian government Illustration: Zunar

Pakatan Harapan’s (PH’s) historic election win earlier this year shook up the country’s politics and saw the miraculous fall of the Barisan Nasional (BN) coalition, which had ruled over the country with an iron fist for 61 years. And in the months since that dramatic turnaround, changes have started to materialise. 

On the World Day Against the Death Penalty, 10 October, newly minted Minister in the Prime Minister’s Department for Legal Affairs Liew Vui Keong stated, “all death penalty will be abolished. Full stop. As it stands today, the decision is to abolish the death penalty.”

This was soon followed by the news that the parliament would also review the Sedition Act, a law that in the past critics have claimed has been used to stifle free speech and government opposition. While activists have expressed delight at this news, questions about how this will be carried out remain. 

What will happen to the prisoners on death row
 Australian Maria Elvira Pinto Exposto (C), was sentenced to death by hanging on drug smuggling charges earlier this year Photo: Fazry Ismail / EPA-EFE 

More than 1,200 people are currently on death row in Malaysia. Lawyers For Liberty Executive Director Latheefa Koya said that an abolition would be a welcome reprieve for inmates and their family members. 

“Those on death row will have a chance to be spared from the noose. We have over 1000 who have been waiting for years and years, not knowing when their time will be up. It’s one of the cruelest and most traumatic punishments that anybody is put through,” she said. 

The abolition means that, in effect, all death sentences pronounced from offences including murder, possession of firearms and trafficking in drugs, to name a few, will be commuted to life imprisonment.

Aptly, plights surrounding the death penalty were captured in a documentary which premiered earlier this month at FreedomFilmFest, a human rights film festival in Malaysia. Melawan Arus (Waiting For Time) follows the complex case of Mainthan a/l Arumugam who has spent 14 years on death row for a murder he claims he did not commit. The case has been heard 19 times and despite new evidence in the case, Mainthan remains on death row.

Lawyer and filmmaker Sharizad Razak said the announcement of the abolition of the death penalty was welcome and timely considering the recent screening of the film in Malaysia, but said that there is still work to be done:"Although there is a moratorium on executions until the passing of the new changes in the law, we are still working on getting the support from the public and members of parliament for Mainthan’s pardon petition to the Pardon’s Board.”

She added, “we have spoken to a representative of Mainthan’s family. It is a relief for them to know that there is a moratorium on the executions of those who are on death row, but they are still hoping that Mainthan can be released and come home to his family after 14 years away.” 

Political flip-flopping 

Long time activists and former detainees and survivors of the old regime have expressed cautious optimism amidst the lingering euphoria following the recent change of government as a result of the 14th general election. Despite having voted in the opposition-turned-government of the day, they have learned to be humble and reserved.

Kua Kia Soong, a prominent human rights defender, ex-political detainee and founder of Suara Rakyat Malaysia (SUARAM), Malaysia’s leading human rights organisation, is not getting too carried away.

“I welcome [the abolition] because I have been campaigning against the death penalty since the early eighties. So has SUARAM, ever since it was formed in 1989. This new PH government has been flip-flopping over several policies and I [wouldn’t] be surprised if they do over this one if there are criticisms of the policy. PH has these policies in their GE14 manifesto and they have been criticised by many for reneging on the promises,” Kua said.

His views are echoed by Charles Hector, a coordinator for the social justice movement Malaysians Against Death Penalty and Torture (MADPET) which has campaigned against the death penalty for years.

“We are very happy about the announcement of the cabinet decision to abolish the death penalty. Our hope is that this NEW Pakatan Harapan will not backtrack on its position, or procrastinate in bringing about abolition. We hope the bills will be passed in this session of parliament and [the] death penalty in Malaysia will be abolished by the end of 2018.”

He added that MADPET’s work will continue even if the death penalty in Malaysia is abolished, as the organisation will seek fair trial, the administration of justice and the elimination of torture.

“We are also concerned about Malaysians facing the death penalty in other jurisdictions and [will] strive for the abolition of the death penalty in ASEAN member countries, in Asia-Pacific and the world,” he said.
 Prime Minister Mahathir Mohamad announced at the UN General Assembly that the new government pledges to ratify all remaining core UN instruments related to the protection of human rights. Photo: Ahmad Yusni / EPA-EFEThe Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) is among a list of core international instruments that are yet to be ratified by Malaysia. In September 2018, Prime Minister Mahathir Mohamad announced during a speech at the UN General Assembly that the new government pledges to ratify all remaining core UN instruments related to the protection of human rights. 

Human rights activist Fadiah Nadwa Fikri also welcomed this move and urged the government to follow through:“It is important to emphasise that the government also has an obligation to abolish other cruel, degrading and inhumane punishments such as whipping, if its truly committed to upholding human rights,” she said.   

The Sedition Act 

While the abolition of death penalty appears almost settled, a different set of challenges surround another archaic law – the Sedition Act 1948. Malaysia inherited the act from the time of British colonisation and up until recently was still using the legislation to investigate government critics.

Rehashing the Pakatan Harapan election manifesto, Minister of Communications and Multimedia Gobind Singh Deo announced last week that the cabinet had decided to suspend the use of the Sedition Act as they prepared a bill to repeal it altogether.

Post-general election, under the new government, rights activist Fadiah was herself investigated under the Sedition Act for an article she authored for the blog Malaysia Muda which allegedly questioned the monarchy in Malaysia, evoking similarities to Thailand’s controversial lèse majesté law.

She was also investigated under the Communications and Multimedia Act 1998 and the Peaceful Assembly Act 2012 in recent months, both laws criticised by rights groups as limiting freedom of expression and peaceful assembly and which the PH government had pledged to review in their election manifesto.

Fadiah attributes last week’s announcements to the hard work and dedication of the Malaysian public:“The people who acted on their consciousness played an important role in demanding the abolition of the death penalty and the moratorium of the Sedition Act after Pakatan Harapan came into power. These people were reclaiming the democratic space that was promised by the Pakatan Harapan government and their right to participate in setting the direction of politics of this country”, she said.

The Sedition Act has come under fierce criticism from local and international human rights groups for years. They believe the law conflicts with the Malaysian constitution, which provides for the right to freedom of expression. The previous BN government regularly invoked the law against its critics, and indeed, many former current government officials were themselves victims of the act, a fact pointed out by SUARAM founder Kua.

Whilst the motion and intention of elected lawmakers are set, Malaysians are awaiting the outcome with mixed reactions. The views on the death penalty and the need for the Sedition Act remain polarised in Malaysia and the parliament now finds itself in a position where it must provide certainty and consistency over the matter.

The current parliamentary sitting will continue in Kuala Lumpur until 11 December 2018. -Southeast Asia Globe, 17/10/2018

Anwar wins BUT Fails to demonstrate overwhelming support? Less votes than former MP?

Well, Anwar Ibrahim won ...as expected. 

While, many are saying that he did better than former PD MP Danyal, I do not think so...Many media and persons ignore the fact that he got less votes than former MP Danyal...and that many of the people chose not to come or was not bothered to support Anwar...And PAS candidates got MORE VOTES (not percentage of votes...)

This was ANWAR IBRAHIM - and he failed to even get the voters of Pd to come out in great numbers and vote. In GE14, 83% turned out to vote ...this time only about 58%. The turnout is higher than the past few by-elections - but this was Anwar, and turnout would have and should have been higher...if truly he had the support and the hope of the people, as been portrayed by some.

Now, how many people came out and voted for Anwar - Danyal got more than 36,225, and Anwar got LESS - about 31,016. 

For Anwar to get less votes, it can be seen as embarrassing. Worse still, when the PAS candidates, despite a lower voter turnout,  got an increase number of votes, compared to what the PAS candidate got in GE14. In GE14, the PAS candidate then got 6,594, but this time around with even a lower voter turn out, the PAS candidate got more - 7,456.

If we consider the voters who chose not to turn up, being those who did not come out and vote any of the available candidates - 75,770 - 44,136 = 31,634, which is an higher figure than even what Anwar got which was 31,016. 

What some may say is that these possible 'NO VOTE' was higher than what Anwar got...what if we add in the rejected and unreturned votes of 647. Can we suggest that the majority of the PD voters really did not want Anwar as MP? Anwar got actual support from just about 41% of PD voters...and that in a contest where even BN, who was the runner-up in the previous elections did not even turn up. [But, then after post GE14 expose, I doubt the BN is even a credible opposition anymore...PAS, on the other hand, has more credibility but its support will be limited, at least until it become clearer on what real changes it fights for - not simply a struggle 'for Islam' or 'for Malay', which not only isolates many Malaysians but is also narrow and unclear. What is PAS position on poverty and 'minimum wages'? What is PAS position on Detention Without Trial? What is PAS position on democracy - after all in PAS governed states also still no democratic elections in kampungs, tamans, local council - and they still seem to favour 'political appointments'? What is PAS's position on workers?]. The Malaysian people are smarter today ..and simple slogans, a general fighting for race/religious rights will no longer suffice...They no longer may subscribe to the notion that a leader must be Malay and Islam - for the people of Malaysia, had this for over 60 years, and such leaders(qualified in terms of racial/religious requirement) failed the people... 
 
PEOPLE TEND TO SIDE GOVERNMENT PARTY CANDIDATES IN BY-ELECTIONS

AFTER PAKATAN HARAPAN WAS VICTORIOUS IN GE14...In a by-election, PH candidates will enjoy the support of the voter's that play safe - choosing to vote candidates from the incumbent Federal and/or State governments in a by-elections... 

In PRU14, the BN candidates enjoyed this same advantage, as they were then the incumbent State and Federal government. 

In a by-election, candidates from the party/coalition of parties that are government of State and Federal government enjoy an advantage...as many do not want to be 'discriminated' because they voted for an Opposition MP or ADUN. So, a lot of 'smart play safe' PD voters would simply choose the current government party candidate. 

Further, voting an Opposition MP for PD really does not change things in the number of seats held by PH. They have more than enough, and can afford to lose a few seats..

The much lower turn-out for even Anwar Ibrahim is also an indicator of support...If the people really supported, would not more turned out to vote - Would he not have got much more votes - certainly much more than the former Danyal, a literally unknown candidate...not even a prominent PKR member. [Remember, the people voted for Pakatan Harapan - and really it would not have mattered much whether the candidate came from DAP, Bersatu, Amanah or PKR. Looking at the votes received from the various PH candidates in GE14, it looks like DAP, in fact, have much more support - possibly for the long history of struggle...Look at the number of votes, DAP candidates got...and the majority they got]

PROBLEM AREAS 

There have been much reports about possible 'over-spending by election candidates' and various other Election Offences...

ANWAR won - but the real question is whether the Election Commission would do anything about the alleged wrongdoings...the alleged Election Offences - noting that a finding of guilt may lead to convictions, sentences...and even 'losing of seats'...

WILL ALL THESE BE 'SWEPT UNDER THE CARPET'? WILL NO ACTION BE TAKEN? 

Pakatan Harapan's Anwar Ibrahim won the Port Dickson by-election with 31,016 votes securing a 23,560-vote majority, with runner-up Mohd Nazari Mokhtar from PAS garnering 7,456 votes.^[27]

Malaysian general by-election, 2018: Port Dickson Upon the resignation of incumbent, Danyal Balagopal Abdullah
Party		Candidate	Votes	%	∆%
	PH	Anwar Ibrahim	31,016	71.3	+12.2
	PAS	Mohd Nazari Mokhtar	7,456	17.1	+6.4
	Independent	Mohd Isa Abdul Samad	4,230	9.7	-20.5
	Independent	Stevie Chan Keng Leong	337	0.8	+0.8
	Independent	Lau Seck Yan	214	0.5	+0.5
	Independent	Kan Chee Yuen	154	0.4	+0.4
	Independent	Saiful Bukhari Azlan	82	0.2	+0.2
Total valid votes			43,489	98.53	+0.47
Rejected + Unreturned ballots			647	1.47	-0.47
Turnout			44,136	58.25	-24.9
Registered electors			75,770	+558
Majority			23,560	54.2
	PH hold		Swing

Previous result

Malaysian general election, 2018: Port Dickson
Party		Candidate	Votes	%	∆%
	PH	Danyal Balagopal Abdullah	36,225	59.06
	BN	Mohan a/l Velayatham	18,515	30.19
	PAS	Mahfuz bin Roslan	6,594	10.75
Total valid votes			61,334	100.00
Total rejected ballots			948
Unreturned ballots			266
Turnout			62,548	83.16
Registered electors			75,212
Majority			17,710	28.87
	PH hold		Swing