The Election Commission chairman Abdul Aziz Mohd Yusof has made his position untenable because he is unable to decide whether various campaign practices had flouted election laws.
Abdul Aziz could not judge whether the distribution of campaign goodies came under corrupt practices. In addition, he would not declare if Prime minister Najib Abdul Razak's “you help me, I help you” remark, made during campaigning in at least two by-elections, had broken the law.
The EC has specific laws to combat corrupt electoral practices, electoral offences, money and muscle power, misuse of government power and machinery, and discontent with the existing electoral system.
When the EC chairman refused to use the powers vested in him to act immediately, or even to decide if a law has been broken, then what is the point of having him as head of that organisation? What is the point of having an EC which refuses to act as an effective watchdog of the election process?
According to Election watchdog Bersih 2.0 chief Ambiga Sreenevasan, Najib’s “you help me, I help you” remark, came under section 10 of Election Offences Act 1954 (EOA). This section defines the remark as an inducement to voters during campaigning.
When challenged, Abdul Aziz refused to act accordingly and bring the corrupt practise to the attention of the authorities. He is failing to ensure the free and fair conduct of elections. The power to prosecute may lie with the Attorney-General's Chambers, but EC must play its part.
Ambiga was disappointed to learn that the EC had not even lodged a police report about that remark. If it had, members of the public might believe that the EC was independent.
Abdul Aziz has insisted that he is not an expert to consider this complaint about Najib.
“As I said, I am no expert. I can't say this is definitely corruption. I don't know. (You can) collect evidence leave it to the Malaysian Anti-Corruption Commission (MACC),” said Abdul Aziz.
Although the public authorities can be asked to investigate the offences under the EOA, the EC has not exercised its powers at all.
The country’s top election officer has previously appeared clueless when questioned about allegations of election-related corruption. Last July, reporters from an online news portal had asked Abdul Aziz, about Najib's “you help me, I help you” remark but he said it was not bribery because it had to be proven that voters had cast their ballot for the candidate because of the call.
Transparency International (TI) Malaysia has said that the EC should define election corruption for everyone to note.
The TI president, Paul Low also pointed out that the election expenditure cap for candidates, which is RM200,000 for a parliamentary seat and RM100,000 for a state seat, has never been enforced by the EC.
On election reform, TI suggested that the EC define the dos and don'ts during elections and the power to bring offenders to book.
Low cited an example of a neighbouring country: “In Thailand, the EC took the prime minister to court for over-spending”.
Abdul Aziz has already said that he rejected any proposal to expand the EC’s powers, saying the commission is “not Superman” to take up all tasks.
His preference is to limit the EC’s main duties to managing and organising elections, preparing and revising the electoral roll and reviewing constituency boundaries.
If the role of the enforcement teams set up by the EC during election campaigns is confined to the removal of illegal and derogatory banners, then we should get rid of both the EC and its chairman. - Malaysia Chronicle
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