THE Coalition for Clean and Fair Elections (Bersih) reiterates that the giving of cash handouts or anything valuable during elections is bribery.
Eradicating this malady requires not only the consistent enforcement of the Election Offences Act 1954 (EOA), but also the enactment of a political financing act (PFA) and the setting up of a permanent Parliament standing committee to scrutinise the election system and process.
Bersih refers to the statement by PAS president Tan Sri Abdul Hadi Awang, who stated that cash handouts by the public during election campaigns is a form of charity and not bribery.
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 statement by Hadi that only candidates and their agents are forbidden from giving handouts is not in line with Section 10 (Bribery) of the EOA, which states that every person before, during and after an election, who directly or indirectly gives cash or anything valuable, can be considered as having 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.
While the law clearly states that this is an offence, the authorities, be it police or the Malaysian Anti-Corruption Commission (MACC), need to investigate, and the attorney-general as the public prosecutor, need to charge the people involved before the court could pass judgement.
Hadi’s statement is an admission that monies were given out during GE15 as a “charity”. The court should be given the opportunity to give their interpretation in this matter.
Bersih wishes to put on record several other actions that can be regarded as election offences under Section 8 (Treating) and 10 (Bribery) of the EOA during GE15. Our full report will be released shortly.
Besides the enforcement of the law, especially the EOA, proactive measures by the government and Parliament to enact the PFA should not be further delayed to curb corrupt practices during elections.
The PFA has been discussed since the administration of Datuk Seri Najib Razak, Tun Dr Mahathir Mohamad, Tan Sri Muhyiddin Yassin and Datuk Seri Ismail Sabri Yaakob while they were prime ministers.
The political financing bill should be reviewed by a parliamentary committee that takes in the considered views of key stakeholders as well as the public.
Bersih proposes that a permanent Standing Committee on Electoral Matters and Multiparty Democracy be established in this coming Parliament sitting next month so the long-awaited PFA Bill that has been hidden from the scrutiny and public feedback could be reviewed by the committee.
The drafting and tabling of the PFA should not be delayed, because it would give the public a perception that this government is not serious in addressing the problems of election bribery and money politics.
Any further delay will also reinforce the notion that any investigation against the opposition for corruption is politically motivated and witch-hunting, as the AG still has the power of prosecution. – The Vibes, January 26, 2023
Bersih is a non-governmental coalition campaigning for free and fair elections in Malaysia
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