Immediate response by Liew Chin Tong on the
appointment of the Chairman of the Election Commission on
Tuesday, 11th November 2008:
EC Chairman’s Appointment –
disappointment over no consultation, cautious hope for an impartial EC
According to Chief Secretary to the
Government Tan Sri Mohd Sidek Hassan said in a statement on Tuesday that
the Yang di-Pertuan Agong had consented to the appointment of Home
Ministry Secretary-General Tan Sri Abdul Aziz Mohd Yusof as the new
Chairman of the Election Commission under Clause (1) Article 114 of the
Federal Constitution, effective 31st December 2008. His appointment is
until he reaches the age of 66 as provided for under Clause (3) Article
114 of the Constitution.
Abdul Aziz will be replacing current
EC chairman Tan Sri Abdul Rashid Abdul Rahman whose service will end as
he will be 66 on 30th December 2008.
First, I express my disappointment
over the failure on the part of the Government to consult the Opposition
on the appointment.
In most other democracies, while it
is often the prerogative of the government-of-the-day to appoint the
Chairman of Election Commission, the Opposition is usually consulted as
impartiality and bipartisan acceptance are most needed in the management
of election.
With more than a third of
parliamentarians from the Opposition, the need for the Government to
consult is more than ever.
Second, I am also disappointed that
another retired civil servant is appointed to such an important position
whose role is to be an effective guardian of Malaysian democracy.
In most other Westminster
democracies, the Chairman and Commissioners of the Election Commission
are often made up of former judges of impeccable integrity.
In the Malaysian Constitution, the
status of the Chairman of the Election Commission is equivalent to that
of a federal court judge whose sacking is a painstaking process only
possible to be carried out in a tribunal. As such, the candidate for
position of the Chairman of the Election Commission should be at least
of the quality of a federal court judge.
I am not suggesting that the
appointed candidate is not of such quality but the nation, in particular
the Parliament, must be persuaded to believe that he is of such calibre.
Third, I urge the appointed new
Chairman of EC Tan Sri Abdul Aziz to start a fresh chapter in the
management of election in Malaysia as soon as he begins his tenure.
Tan Sri Abdul Aziz must state his
stance on the five basic demands of BERSIH (Coalition for Clean and Fair
Election), that is 1) the use of indelible ink; 2) the abolition of
postal votes; 3) the total overhaul of the tainted electoral roll; 4) a
level playing field in media; and 5) a commitment to allow at least 21
days of campaign.
He should also look into two other
important issues, namely, the possibility of introducing automatic voter
registration and the lowering of voting age from 21 year-old to 17 or 18
year-old.
My colleagues and I in BERSIH would
like to seek an appointment with Tan Sri Abdul Aziz as soon as he takes
over to exchange views, as well as to ensure that the new Chairman’s
tenure would not be a repeat of the eight disastrous years of election
management under the outgoing Chairman Tan Sri Abdul Rashid Abdul Rahman
whose litany of failures and scandals include the poor handling of the
2004 election, and the last-minute termination of use of indelible ink
in the 2008 election.
The last eight years of election
management has made Malaysia an international laughing stock. It is time
for the restoration of democracy and procedural justice in the
management of election.
* Liew Chin Tong, MP for Bukit Bendera & member of the
Steering Committee of BERSIH
http://dapmalaysia.org