Bersih wants fixed-term Parliament, amendments to give EC more 'bite'

 

Electoral watchdog Bersih has called on the government to enact a Fixed-Term Parliament Act to deter the sudden dissolution of Parliament in the middle of the term.

It also urged for amendments to the Election Offences Act to address loopholes and to give the Election Commission (EC) more “bite” by vesting it with enforcement powers.

This was part of Bersih’s 15th general election (GE15) observation report which it released today via an online launch.

“The surprise and sudden announcement of GE15 demonstrates the urgent need for the federal government to enact a law called the Fixed-Term Parliament Act so that Parliament is not dissolved solely based on the discretion of the prime minister.

“The government through this act can also set the date of the upcoming election earlier as practised in advanced countries and neighbouring country, Indonesia.

“This would help all those involved in the election either directly or indirectly to be better prepared, especially the EC,” the report read.

The report suggested the act should include that the prime minister must obtain the support of two-thirds of the Dewan Rakyat if there is an urgent need for dissolution.

Bersih chairperson Thomas Fann

During the report’s launch, Bersih chairperson Thomas Fann stressed that the biggest beneficiary of a Fixed-Term Parliament Act would be the EC as it wastes a lot of time and resources in preparing for uncertain elections.

For example, he said, if the EC were to send people for training to handle elections, but no elections are held within six months to a year, the commission would have to re-train them later on.

Bersih’s report also pointed out that Pakatan Harapan has included a Fixed-Term Parliament Act as part of its manifesto promises for GE15.

Election offences

Aside from that, Bersih’s GE15 monitoring detected a number of election offences during the last national polls.

Among them were misuse of government resources, bribery and vote buying, excessive election spending and intimidation.

However, no action has been taken against these offences thus far, which Bersih said reveals a need to update the Election Offences Act.

“The widespread election offences, which go undeterred and unpunished, indicate serious loopholes in the act,” the report added.

Fann said Bersih has been working with political parties for the last four years to update the legislation which was first enacted in 1954.

“We also want to give the EC some bite so that it can issue compound fines up to RM10,000 because one of the problems today is that the EC has none. There are no teeth.

“The laws are there but there’s nothing they (EC) can do. It depends on the police and the MACC that don’t take any action even when there’s a very clear violation,” he added.

Parliament oversight on EC

Other revisions to the act that Bersih proposed include tightening the offence of threatening violence during elections, clarifying certain definitions, increasing the fine penalty for election offences, increasing the limit of election expenses and including the offence of abuse of government resources.

Fann said Bersih is also calling for the formation of a permanent parliamentary standing committee on election matters which will allow Parliament oversight of the EC.

“One of the results of it (EC) not being held accountable is it stopped producing election reports,” he said, adding that election reports are important archives for research in the future.

The parliamentary committee can also work with the EC to continue improving the voting process and access, especially for postal voters and voters with disabilities, he said. - Mkini