PM has powers to modify EC redelineation report, warns Bersih

Prime Minister Najib Abdul Razak can further tweak the Election Commission's final report on the redrawing of electoral boundaries before tabling it to Parliament.

Bersih acting chairperson Sharul Aman Mohd Saari said this power was stipulated in Article 9 of the Thirteenth Schedule of the Federal Constitution.

"This is our biggest worry... It is a very strong power to have which can be subject to abuse," said Shahrul.

Article 9 reads: "As soon as may be after the Election Commission have submitted their report to the Prime Minister under section 8, he shall lay the report before the House of Representatives, together (except in a case where the report states that no alteration is required to be made) with the draft of an Order to be made under section 12 for giving effect, with or without modifications, to the recommendations contained in the report."

Yesterday, the EC had submitted its final report to the prime minister, who can now seek Parliament's permission to modify the electoral boundaries.

It is uncertain if the report would be available for public scrutiny to determine if the prime minister does indeed make changes to the tabled copy.

The Dewan Rakyat is currently in session and would end on April 5.

EC's submission of its report to the prime minister came hours after the Selangor government's latest legal setback in its suit against the commission to halt the local inquiries.

‘Voters left without remedy’

Lawyer Derek Fernandez (photo) opined the decisions by the courts had shown an unwillingness to allow the EC's recommendations for electoral boundaries to be challenged.

Fernandez is a member of the Petaling Jaya City Council (MBPJ) which had applied unsuccessfully to address the local inquiries - which is likely in breach of Article 5 of the Thirteenth Schedule of the Federal Constitution.

"MBPJ and the voters of Petaling Jaya are left without remedy.

"To say it is up to Parliament is really to allow the majority in Parliament to entrench themselves and win elections through unfair recommendations that gives them an advantage and create an uneven playing field.

"This is an affront to the constitution and free and fair elections," said Fernandez.

He argued that Thirteenth Schedule of the Federal Constitution was subject to the legal force of Articles 113, 116 and 117 of the Federal Constitution.

"The schedule cannot override the plain and ordinary meaning of Article 113, which is that the EC must carry out its review to correct deviations and reduce malapportionment," he said.

EC's critics have pointed out that the new electoral boundaries are essentially designed to give BN a leg up, while reducing ethnic diversity of existing constituencies. - Mkini