Malaysia

Caretaker govt, don’t abuse status to win S’wak election: Bersih reminds GPS

Lawyer Lawrence Lai says Election Commission must call polls on Jan 2 to be truly neutral

Updated 4 years ago · Published on 07 Nov 2021 5:42PM

Caretaker govt, don’t abuse status to win S’wak election: Bersih reminds GPS
Bersih Sarawak chairman Ann Teo says GPS cannot make any major decision involving state funds, and it must follow caretaker practices and conventions until the new state government is elected. – Ann C.j. Teo Facebook pic, November 7, 2021

by Stephen Then

MIRI – Bersih Sarawak has reminded state incumbent Gabungan Parti Sarawak (GPS) that as a caretaker government, it cannot simply use state financial and material resources, especially for the state elections.

Its chairman Ann Teo told The Vibes in an email that the coalition cannot make any major decision involving state money, and that it must follow other practices and conventions until the incoming state government is formed after the upcoming polls.

“We call on the GPS caretaker state government to abide by the standard conventions for any caretaker government, which include avoiding major policy decisions, deferring making significant appointments, avoiding entering major contracts and undertakings, deferring entering into international contracts or commitments, avoiding using public service and financial resources in election activities or political activities, avoiding using government premises, and avoiding using government websites, emails, social media and other IT services for political purposes,” she wrote.

However, Teo does acknowledge that neither Malaysia nor Sarawak has a written caretaker convention similar to other Commonwealth countries such as Australia, Canada and the United Kingdom.

At the same time, she added that there are conventions that must be followed in order to uphold the “principle of public accountability” while levelling the playing field.

The electoral watchdog stressed that the rationale behind such convention or unwritten law stems from the fact that when the state assembly has been dissolved, the executive arm is effectively governing without parliamentary oversight and cannot be held accountable for its decisions in the usual manner.

Teo, who is also chairman of social rights body Rise of Sarawak Efforts, said these conventions protect the apolitical nature of the public service by avoiding the use of government resources or logistics in a manner to advantage a particular party.

“While the ordinary business of government continues, the GPS caretaker government and its ministers, agencies and ministries are reminded to avoid practices of the same nature as listed above.

“Major policy decisions, appointments, allocations and projects should be left for the new government to make instead of the caretaker government. Public resources and assets should not be used by GPS.

“This is to ensure a level playing field for all candidates and parties. As an example, state civil service and public facilities or privileges provided to ministers when in government should not be used for campaigning,” she said.

She called on all voters to monitor the conduct of the caretaker chief minister and reject the abuse of any state resource in election campaigns.

Set polls for Jan 2 so EC can be seen as fair

Meanwhile, in other news, former Miri mayor and senior lawyer Datuk Lawrence Lai said that the Election Commission (EC) must set January 2 as the polling day for the 12th Sarawak election to be seen as truly fair and neutral.

Speaking to The Vibes, the former Miri Advocates Association chairman voiced his agreement with Sarawak PKR information chief Abun Sui Anyit on the date of the contest.

“I fully agree and support the reasons stated by him. I, as a citizen, voter and lawyer, call upon the EC to uphold its constitutional duties to be fair and independent and to allow Undi18 and automatic registered voters to vote in accordance with the newly passed Undi18 and auto-registration laws.

“The EC cannot render new laws to be redundant as mere window dressing only for politicians to pay lip service to supporting young voters to vote on the one hand, while on the other hand, their actions say otherwise,” he said.

He then condemned GPS, accusing it of being more fearful of Undi18 voters than Covid-19 despite the fact that Sarawak has suffered the highest coronavirus death rate for the last month.

GPS had petitioned the Agong to lift the health emergency on November 3 and then immediately dissolved the state assembly, forcing the EC to declare a state election within 60 days.

He observed that if the state polls are held in November or December, it would stop Undi18 voters from casting their ballots and trigger the lowest voter turnout in Sarawak’s electoral history.

“Maybe that is what GPS wants – a low voter turnout that will benefit it,” he said.

Lai said that under current circumstances, January 2 will be the “fairest” date.

Setting January 2 as polling day will give all contesting candidates more time to prepare, allow present voters and new voters to consider their choices, and let health authorities and the EC put safer measures in place to minimise the spread of Covid-19, he said.

The EC is expected to meet this week to deliberate nomination and polling dates. – The Vibes, November 7, 2021

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