Press Statement
by Lim Guan Eng

(Petaling Jaya, Tuesday): DAP shall meet with EC Chair Tan Sri Abdul Rashid Abdul Rahman this Friday morning 9.30 am on EC’s failure to act and question the legality of the BN government for exceeding the 2004 general election expenditure legal limit of RM 88.3 million when RM 110 Million was spent on election posters alone. Ever since Abdul Rashid shocked Malaysians on 7.3.2006 that up to RM 110 million was spent on elections posters alone, the EC should total up the actual cost of the general elections campaign when food, drinks, transport and other election costs are included.

Spending above limits imposed by the Elections Offences Act 1954 is an illegal practice under Section 27 and is subjected to a fine of RM 5,000 by the Sessions Court, disqualification as a wakil rakyat and rights as a voter. Such laws are intended to outlaw the practice of money politics of buying an election. If the EC knows that such laws were violated and yet stood aside arm akimbo without taking any action, it is not only making a mockery of  the very election laws it has drafted but also the spirit of democracy that votes should not be bought and sold.

To state that RM 3.5 million was spent in the recent Pengkalan Pasir by-election alone, means that the candidates had exceeded the legal limit and that the BN wakil rakyat elected may not be legally or properly elected and subject to review of an election petition. Under section 19 of the Election Offences Act 1954, a candidate for every Parliamentary and state constituency can not spend more than RM 200,000 and RM 100,000 respectively. Clearly the RM 3.5 million spent has far exceeded the legal limit of RM 100,000 by 35 times.

Spending RM 200,000 on Parliamentary seats and RM 100,000 on state seats mean that a political party like BN, that contested all the 219 Parliamentary and 445 state constituencies in the 2004 general elections, can not exceed spending RM 88.3 million. For Tan Sri Abdul Rashid to reveal that a NGO and a political party had admitted that RM110 million was spent on posters alone in the last general elections clearly shows that only BN had the financial ability to spend such huge amounts.

Even if opposition parties can spend RM 10 million, which is doubtful, the RM 100 million spent by BN still exceeds RM 88.3 million legal limit for election expenses. This RM 110 million only covers posters and does not include other election expenses such as food, drinks and transport cost which could double the amount of RM 110 million.  Clearly all BN candidates under the Elections Offences Act are disqualified from exercising their authority as a wakil rakyat.

Tan Sri Abdul Rashid is correct in saying that such huge funds of hundreds of millions of ringgit spent in the electoral process can be better spent on development projects. However his more important task is to focus an areas within his authority, particularly uphold election laws barring excessive spending above the stated limit. His refusal to take action on those who practices money politics is the real failure to exercise his responsibility to ensure that the EC uphold election laws without fear or favour and without siding any political party.

A DAP delegation comprising leaders and MPs shall press on the Friday morning meeting that action should be focused more on banning money politics more than election posters. That Tan Sri Abdul Rashid can admit that hundreds of millions of ringgit was illegally spent above the legal limit without taking any action shows that EC is no longer an impartial, independent and fair body conducting our elections freely and democratically but no different as a representative of the ruling party. This is proven when any changes in electoral process and laws are done without consultation with opposition parties.

(22/03/2006)