Foolish To Say EC's Parliamentary Purview A Treason

According to the racist and extremist group, Perkasa vice-president Zulkifli Noordin, it would be treasonous to put the Elections Commission (EC) and the appointment of its chairman, deputy chairman and commissioners under the parliament's purview because, according to him the appointment of these EC members are based on the Yang Di Pertuan Agong's prerogative according to the Federal Constitution.

Is this guy really telling the truth, only told the half truth or has he lied in actual fact? In this case, let us look at the provision of the Federal Constitution which constitutes the EC. Under Article 114 (1), it states that "The Elections Commission shall be appointed by the Yang Di Pertuan Agong after consultation with the Conference of Rulers and shall consist of a chairman, a deputy chairman and five other members". It is absolutely correct.

But, the Perkasa vice-president had failed to further mention on the rest of the provisions under this Article 114 which also further states under 114 (5), "Parliament shall by law provide for the remuneration of members of the Elections Commission, and the remuneration as provided shall be charged on the Consolidated Fund".

Article 114 (5)(a) also states, "Subject to the provisions of this Article, Parliament may by law provide for the terms of office of the members of the Elections Commission other than their remuneration". In this case, under the Articles 114 (5) and (5)(a) the stature of the EC members has already been put under the purview of the parliament based on the fact that the federal legislature has the power to determine the term of office of the EC members. Meaning says, the Yang Di Pertuan Agong appoints the EC members, but it is still the parliament who decides the term of office of all these EC members.

Therefore, it is gravely a foolish idea to say that by putting the EC stature under the purview of the parliament would be a treasonous act because the Federal Constitution has already mentioned very clear that the parliament too has the powers to determine the fate of those manning the EC.

Then, who are the treasonous in the current situation?

First, the man who has committed treason today by manipulating and twisting the facts of the Federal Constitution is Zulkifli Noordin, the vice-president of the best known racially extremist group called Perkasa.

Second, under the Federal Constitution, the appointment of the EC members are being made by the Yang Di Pertuan Agong and the term of office of these EC members are to be decided by the parliament. However, since the inception, the EC has been put directly under the purview of the Prime Minister's Department.

So, it is a case of double treason which has been committed here by the prime minister, first treason against the Yang Di Pertuan Agong for putting the EC under the prime minister's direct jurisdiction, while the second treason was committed against the provisions of in Article 114 (5) and (5)(a) of the Federal Constitution of which the tenure of office of the EC members should be decided by the parliament but the role has been forcefully taken over by the Prime Minister's Department instead.

We should be clear by now on the facts on the EC's current stature and the fool who had tried to confuse our people with some half truth of his stories.