Government watchdogs have continued to pour criticism on the government’s announcement of new projects and allocations for Kuala Kubu Baharu just as the constituency prepares to head for the polls.
Tindak Malaysia Network Services PLT rejected Selangor DAP secretary Ng Sze Han’s explanation that Housing and Local Government Minister Nga Kor Ming’s announcement is tantamount to an offence because it was made outside of the campaign period.
Its director Danesh Prakash Chacko pointed out that Section 10(a) of the Election Offences Act 1954 also covers the period preceding an election.
“We firmly disagree with the explanation made by Ng on April 19, 2024, that the allocation was normal practice and it was disassociated with the upcoming by-election in Kuala Kubu Baharu.
“Ng further stated the allocation announcement was made before the campaign period, but Section 10 of the Election Offences Act clearly covers actions before and beyond the campaign period, hence the announcement of the allocation by the ministry should not be taken lightly or dismissed as such,” he said in a statement today.
Nevertheless, Danesh said the Election Commission is powerless to penalise corrupt electoral practices, as bribery is a “seizable offence” under the Criminal Procedure Code.
This means the power to prosecute such offences lies with the public prosecutor, he said.
RM5.2m for Hulu Selangor
On Thursday, it was reported that Nga announced an allocation of RM5.21 million to upgrade public infrastructure facilities under the supervision of the Hulu Selangor Municipal Council (MPHS) and the Chinese New Village Project in Kuala Kubu Baharu.
This includes 14 projects worth RM4.82 million to be implemented by MPHS and the Village Community Management Council.
Bersih had also criticised the government, saying it violated the guidelines of the “3C Prohibition: No Conditions, No Campaign, and No Candidates” that Bersih outlined since the 2023 state elections.
The guidelines were for the non-interim government (non-caretaker government), such as the federal and state governments in the context of a by-election.
Meanwhile, Tindak Malaysia said the government should consider adopting caretaker government principles, where it would cease making major policy decisions except for urgent matters.
This may include a special code of conduct to be drafted by the EC which applies to all members of the caretaker government.
Danesh also proposed for Section 11 of the Election Offences Act to be amended to add a new subsection requiring the public prosecutor to report its findings on reports concerning bribery in an election to the EC.
The report should state the alleged offences for which the prosecutor has given the green light to press charges and the reasons for not pursuing cases where consent is not given.
The report should then be submitted within eight weeks after the EC publishes the election.
‘Blatant disregard of electoral integrity’
Concurring with Danesh, anti-corruption watchdog Center to Combat Corruption and Cronyism (C4 Center) said in a separate statement that Nga’s actions are a blatant disregard of electoral integrity by the government.
C4 Center said that the use of public funds to entice constituents was clearly reflected in the minister’s statement as he called for the voters to return and vote for a party that is “good, caring, and progressive”.
“The message and intent here appear to be clear: federal funding is being utilised as a flashy encouragement to vote for the candidate from the ruling coalition.
“It is extremely convenient for this allocation to be announced and publicised less than a month before the by-election,” it said.
C4 Center also said that unethical campaigning is highly detrimental to the nation’s democratic processes and public participation in governance.
“In recent by-elections, the present government has continuously demonstrated its blatant disregard for reform of this practice.
“Federal funds must not be used in such transparent appeals for votes,” it added.
Both watchdogs have called for voters in the upcoming Kuala Kubu Baharu by-election to be cautious about the election process and avoid participating in any unethical practices.
Tindak Malaysia further urged Kuala Kubu Baharu voters to report corrupt practices to the MACC, saying this would be more impactful than voicing dissatisfaction on social media.
Nomination day of the Kuala Kubu Baharu by-election is on April 27, while polling takes place on May 11.
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