The refusal by the Election Commission (EC) to use Section 3(1) of the Election Offences Act 1954 against Assistant Registration Officers (ARO) that abused their powers to manipulate the electoral rolls is a breach of trust and abdication of EC’s public responsibility to uphold the independence, impartiality and legal authority of elections laws in Malaysia
___________________
Press Statement
by Lim Guan Eng
________________________
(Petaling Jaya,
Friday) :
DAP is not surprised at the
revelation in the Berita
Harian yesterday by EC
secretary Datuk Kamaruzaman
Mohd Noor that some AROs had
abused their powers by moving
the names of voters to other
areas without permission.
Kamaruzaman said that the
officers had moved the names
of new or existing voters by
forging signatures on
application forms, and the EC
had approved and changed the
addresses, believing the
applications were genuine.
DAP is surprised is
Kamaruzaman’s admission of
failing to punish the errant
AROs with legal action and
that only their powers have
been reduced to registering
new voters and not change
addresses, which he deed,
sufficient to maintain the
integrity and credibility of
the EC. This is
self-contradictory in that
instead of being sacked and
prosecuted in court, these
errant AROs are still allowed
to operate in the EC with
reduced powers despite having
abused their powers by
manipulating the electoral
rolls. Would anyone in their
right mind still employ a
convicted pedophile in a
kindergarten?
Kamaruzaman is either
deceiving the public or
ignorant of election laws in
Malaysia if he says that EC
has no legal powers to punish
the errant AROs. Malaysian
elections laws have
provisions against such
malpractices but like other
elections laws such as
spending limits of RM 200,000
for parliamentary seats and
RM 100,000 for state seats,
the election laws are marked
more by breaches that escape
unpunished than its
compliance.
AROs who abuse their powers
can be punished under section
3(1) of the Election Offences
Act 1954 in connection with
any false statement or
fraudulent act. The
punishment carries an
imprisonment not exceeding
two years or to a fine not
exceeding five thousand
ringgit or to both as well as
loss of his political rights
to vote or stand for
elections for 5 years.
Despite such powers to
punish, Kamaruzaman refuses
to assume responsibility but
continues to blame the
dishonest actions of AROs for
causing some to say that the
EC’s registration system was
not clean and complete, and
that it gave an advantage to
certain parties. Clearly it
is the refusal by the EC to
use Section 3(1) of the
Election Offences Act 1954
against AROs that abused
their powers to manipulate
the electoral rolls is a
breach of trust and
abdication of EC’s public
responsibility to uphold the
independence, impartiality
and legal authority of
elections laws in Malaysia.
There is no point in the EC
or Kamaruzaman coming out
with their EC’s Voters
Education series such as
“Ketelusan Sistem Pendaftaran
Dan Penyemakan Daftar Pemilih
dan Isu-Isu Semasa Berhubung
Dengannya” to educate the
public when the EC needs to
educate itself first of the
importance of wiping out
abuses and ensuring a clean,
free, fair and neutral
election process.
Apart from moving of voters,
Kamaruzaman also listed 5
other issues of names of
voters who have died still in
the electoral rolls, those
voters not residing in the
address registered, too many
voters registered in one
single address, voters not
having a proper residential
address and mistakes in
personal data of voters.
There is no point
highlighting these perennial
issues raised by opposition
parties when no action is
taken by EC. The failure to
act has caused EC to be seen
as an election agent of BN
who will resort to any means
by hook or by crook to ensure
the dishonest victories of BN.
Why no mention of the
planting of 8,463 new voters
in the Ipoh Timor
Parliamentary in only three
months during the second
quarter of 1.4.2007 to
30.6.2007?
Why is there no mention of
the planting of 8,463 new
voters in the Ipoh Timor
Parliamentary constituency in
only 3 months during the
second quarter of 1.4.2007 to
30.6.2007? Any failure to
respond will only deepen
suspicions that EC is working
hand in glove with BN in
using such dirty,
dishonorable and desperate
tactics to overhaul
Parliamentary Opposition
Leader Lim Kit Siang’s
majority of 9,774 votes and
DAP ADUN for Pasir Pinji
(under the Ipoh Timor
Parliamentary seat) Thomas
Su’s majority of 2,841 votes
in the 2004 general
elections.
Thomas Su had made the
shocking discovery of 8,463
new voters in the Ipoh Timor
during the second quarter or
1 April to 30 June 2007 as
follows:-
1. The wholesale transfer of
the entire 2,231 voters in
the Pengkalan Pegoh polling
station in the Sungai Rapat
state constituency/ Gopeng
Parliamentary constituency to
Pasir Pinji state
constituency/ Ipoh Timor
Parliamentary constituency;
2. The sudden increase in
postal voters by 3,208 even
though there are no new army
camps nor new police
stations; and
3. The extraordinary increase
in new voters or those
transferred into Ipoh Timor
of 3,024 new voters when the
normal increase in each
quarter is only 400 new
voters.
Such an increase of 8,463
voters in only 3 months has
turned a safe DAP seat into a
marginal seat for the DAP. This unusual and
extraordinary quantum
increase in voters may not
only end there as the third
quarter voters figures from 1
July 2007 to 30 September
2007 are still not out. If
the 3rd quarter increase in
voters are the same as those
in the second quarter, then
Lim Kit Siang or any other
DAP candidate standing in
Ipoh Timor face the
possibility of losing not
because they were rejected by
genuine local voters but by
foul means of “phantom”
voters planted by certain
irresponsible quarters.
Malaysians know that Lim Kit
Siang has been the sworn
enemy of corruption, abuses
of power and gross
mismanagement. He has been a
dedicated defender of the
poor, oppressed,
discriminated and voiceless.
There are strong forces and
efforts made to ensure that
he is defeated and his
fearless voice that makes
Ministers tremble and the
corrupt quake in their feet
no longer heard in
Parliament. To win and lose
in electoral battles is
normal, but DAP would not
accept any defeat brought
about by unscrupulous
manipulation.
DAP would explore all
possibilities to correct such
abuses as we would not permit
the democratic principle and
right of Ipoh Timor voters of
electing our wakil rakyat to
be robbed or disenfranchised
by such dishonest and illegal
means.
(19/10/2007)
* Lim Guan
Eng,
Secretary-General of DAP |