Electoral watchdog Bersih has reiterated that giving cash handouts, along with other valuables, during elections is still a form of bribery.
It said the Election Offences Act 1954 (EOA) and the Political Financing Act (PFA) should be quickly enforced to control this violation.
They also proposed that a permanent Parliament Standing Committee, to scrutinise the election system and process, needed to be established during the coming Parliament session in February.
Bersih was referring to PAS president Abdul Hadi Awang’s stance that the party’s distribution of cash to voters during the 15th general election was a charitable act and did not break any electoral laws.
“Though the giving of alms has become part of our culture in Malaysia, the giving of cash or anything valuable during elections can be considered as the election offence of bribery,” the group said in a statement today.
They cited that Hadi’s statement that only candidates and their representatives are prohibited from giving handouts is not in line with Section 10 (Bribery) of the Election Offences Act 1954.
According to this section, anyone who directly or indirectly contributes money or anything else of value before, during, or after an election may be judged to have committed the offence of corruption.
“What this means is that any cash or anything valuable given to voters during an election period to influence a person to vote for or refrain from voting is a form of corruption.
“It does not matter if the act was done directly or through a third party, it is bribery,” the group said.
Charge the offenders
Bersih has urged the police and MACC to investigate the matter and that the attorney-general needed to charge the offenders as Hadi’s statement was an admission that cash was given out during GE15 as “charity”.
The group stressed that the enforcement of the EOA and PFA should not be further delayed because it would give the perception to the public that the coalition government was not serious about addressing the problems of election bribery.
Hadi’s statement has caused mixed reactions from the public and other politicians.
Although not specifically targeted to anyone, Prime Minister Anwar Ibrahim mentioned in his Chinese New Year speech that the act of distributing cash to voters during elections is tantamount to corruption - not charity.
Anwar added that the practice of getting "commission" and giving "charity" in elections would harm the country and society.
Yesterday, MACC chief Azam Baki said the commission will investigate any form of bribery using provisions under the law, and not based on personal interpretations of individuals.
"Section 10(a) of the act (EOA) is very clear and whatever layman terms used to defend an argument is a mere personal interpretation.
"Name it sedekah (alms) or ‘contribution’, the law deems it a bribe paid to voters – regardless whether the voters solicit it or not," he was quoted as saying by The Star.
However, Perak PAS commissioner Razman Zakaria defended Hadi’s stance by stating that aside from assets bought for its service, several PAS-affiliated establishments have been built on public contributions since the party’s formation.
He added that this was how the party earned the nickname "tin Milo" in reference to the empty cans frequently used to collect money. - Mkini
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