A former Electoral Reform Committee permanent member in Malaysia says the jurisdictional boundaries between the Election Commission (EC), police, Malaysian Anti-Corruption Commission (MACC) and the Registrar of Societies (RoS) must be clearly spelt out during an election.
G. Manimaran, who also co-authored the book ‘Pilihan Raya Demokrasi Malaysia: Tanding, Pilih, Menang, Tadbir’ added that it would not be a problem if the EC were given enforcement powers in the country.
Manimaran was responding to Twentytwo13’s article yesterday that quoted candidates in the nation’s upcoming 15th General Election, and their representatives, who wondered about the need to provide local police with a breakdown of their daily activities, and to apply for permits for walkabouts.
“Let this come under the EC, and not the police. If there is a ceramah, then they should rightfully apply for a permit from the police, as clearly stated by law,” said Manimaran.
“But there’s nothing in the law to say that candidates must furnish their daily activities or apply for permits before they carry out their walkabouts during campaigning. This goes against the spirit of campaigning.”
Manimaran added that this was among several other grey areas in terms of jurisdictional overlap that sees too many agencies being involved during an election.
“The political parties must register with RoS. The police have their rules. If there are allegations of corruption, MACC gets involved. When it comes to registering candidates for an election and distribution of campaigning materials, among others, it falls under the EC. There are just too many agencies involved.”
He added that by strengthening the EC’s role, the commission can then take legal action against those who flout the Election Offences Act, similar to what is being done by its counterpart in Thailand.
“All activities should rightfully be monitored by just one agency,” he added.
In our report yesterday, a guideline concerning walkabouts (Tatacara Berkempen Yang Melibatkan Kaedah Walkabout) was handed out recently to candidates, their representatives, and agents.
The “campaign procedure” guidelines referred to subsection 24B (3) of the Election Offences Act (Act 5).
The guideline stated that while there is no definition of a walkabout under the Act, “but in the context of an election, the act is the movement of a candidate to campaign individually or in a group, from one place to another, to meet with anyone”.
It also stated that police had the authority to issue a permit and “can impose any conditions to the permit” under the same subsection, but it depends on how the walkabout is carried out by the candidate.
A permit is required if campaigning is by meeting people, or at a public gathering. The candidate, however, does not need to apply for a permit if the campaigning does not involve meeting people and public gatherings out in the open.
Several candidates highlighted subsection 24B (4) which allows a candidate or his election agent to display, furnish, or distribute election campaign materials to members of the public in the constituency if he/she is given the green light to do so by the state elections officer during the campaigning period.
Twentytwo13 yesterday reached out to Federal police regarding the matter and is awaiting its response.
