Candidates and their agents for the upcoming 15th General Election in Malaysia wonder why they are now required to provide local police with a breakdown of their daily activities.
They were also informed that they would need to apply for permits for their walkabouts – even if it is at a local pasar malam or kopitiam.
Twentytwo13 had noticed heavy police presence, both in uniform and in plainclothes, during some of the activities carried out by the candidates in the last few days.
Twentytwo13 was later informed that a guideline concerning walkabouts (Tatacara Berkempen Yang Melibatkan Kaedah Walkabout) was handed out to the candidates, their representatives, and agents, recently.
The “campaign procedure” guidelines referred to subsection 24B (3) of the Election Offences Act (Act 5).
The procedure 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.
For the record, subsection 24B (3) of Act 5 states that:
“A candidate or his election agent may, during the campaign period
(a) hold, convene or organise any open public meeting, open public rally, open public display, or open public entertainment; or
(b) give any open public address or open public lecture, in the constituency in which the candidate seeks election, but only if he has given prior notice in writing to the police officer in charge of the district where the meeting, rally, display or entertainment is to be held, or the address or lecture is to be given.”
The subsection is silent on walkabouts.
Subsection 24B (4) states that a candidate or his election agent may, during the campaign period, 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.
A representative of an independent candidate in Pahang said her team was informed of this “several days before nomination day on Nov 5.”
“To be fair, we have been carrying out our activities without any disruptions to date,” said the representative.
“However, it’s burdensome that we have to inform local police of our activities for the following day. We are already swamped with other work.
“What if it rains and we decide at the last minute to visit another area? Does that mean we will not be allowed to carry out our activities?
“Is this even a law, that the candidates are required to inform police of their daily activities? We understand the need to apply for a permit ahead of ceramah, but surely not for walkabouts.”
The representative highlighted that her team took part in the 2018 general election and was never told to apply for permits for walkabouts, or to provide local police with the candidate’s daily schedule.
Pejuang Ampang candidate Nurul Ashikin Mabahwi admitted that her team was required to provide their schedule for the following day by 3pm daily, to the district police headquarters.
“We must get their approval daily before we can campaign. In the event we change our programme the next day, we are also required to get their approval, otherwise we cannot move about,” said Nurul Ashikin.
“My team finds it a bit of a hassle, but we are told that we must adhere to the ruling, otherwise we cannot campaign,” she added.
“They (the police) are also present at all our programmes, even when we are just at coffee shops meeting voters.”
Incumbent Kepong MP Lim Lip Eng, who is contesting in his fourth general election, said based on his understanding, the 24-hour notice requirement during campaigning is not a fixed rule and depends entirely on the discretion of the local police chief.
“My area falls under the Sentul district and the Sentul police chief can grant the approval at any time. It is the police chief who will impose the 24-hour, 48-hour, or even a one-hour notification period.
“However, police permits during a big ceramah, or rally, is a must.”
Lim said police officers, including plainclothes policemen, often tailed him during his campaign.
“This morning, I went to four coffee shops, policemen followed me to the first coffee shop, they recorded what I said, and left because they knew I was going to repeat myself at the other shops.
“Yesterday, there were 11 policemen, mostly in uniform, who attended my press conference. We were cordial with each other.”
Lim said it was the police’s job to ‘follow’ candidates.
“It is to protect candidates in the event of an untoward incident. It is also done to record the conduct and speeches of the candidates during their walkabouts.
“It is done so that the police have evidence in the event anyone lodges a police report regarding the candidate.”
Lim however, added that he does not rule out the possibility that there could be some “overzealous” police officers who had come up with their “own rules”.
“The new and younger candidates may feel uncomfortable. But if you are friendly to them, they will be friendly to you,” said Lim.
“They (police) are just doing their jobs. But if candidates feel that some policemen are going beyond their jurisdiction, they should file a complaint with the OCPD.”
A Perikatan Nasional Selangor party worker, who declined to be named, said she welcomed the police presence during the campaigning period.
“It’s okay (to have police personnel around), even during walkabouts. It will make the candidate feel safe,” she said.
A ranking police officer in Selangor, who requested anonymity, said the force is being “reactive” for GE15.
“We have learnt from past elections and this time around, we encourage candidates to submit their daily schedules to us … but it is not mandatory, as far as my area is concerned,” said the officer.
“I have advised my men not to be too close to the candidates. Being in the area where you can get a good view of what is going on, should suffice,” he added.
