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Authorities have legal force to ensure a free and clean election

POLITICAL parties and candidates involved in the 15th General Election (GE15) have been advised to comply with rules on misconduct and corrupt activities stipulated by the Election Offences Act 1954 (EOA 1954), Malaysian Anti-Corruption Commission Act 2009 (MACC Act 2009), the Penal Code and the Malaysian Communications and Multimedia Commission (MCMC).

The EOA 1954 provisions cover all forms of corruption: treating (Section 8), undue influence (Section 9) and bribery (Section 10) during and after the election. These are arrestable offences under the Criminal Procedure Code. The penalties are severe; a person can be jailed, fined or disqualified as an elected representative — and loses the rights of a voter.

Legal provisions already exist that enable the MACC, police and MCMC to take stern action against corrupt practices in the lead-up to GE15.

Election Commission officers and members of enforcement agencies are ready and will monitor the campaigns of candidates and their agents to ensure no one commits any violations. The offences are:

Treating: Candidates would be committing corruption under Section 8 of EOA 1954 if they offered food and drink to voters because the action shows appreciation of them.

Excerpts from Section 8 are very clear: "… and every elector or voter who corruptly accepts or takes any such food, drink, or refreshment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such food, drink, refreshment or provision shall be guilty of the offence of treating."

The key word is "corruptly" — having intent to corrupt by giving food or drink.

Undue influence: Section 9 refers to "undue influence"; people are deemed to be guilty of undue influence if they use, may use or threaten to use force or violence to unfairly steer someone to vote a certain way, or not vote at all.

Undue influence involving intimidation and use of force, directly or indirectly, must be reported to the police.

Bribery: This is deemed to have occurred under Section 10, when candidates or individuals "buy" votes, either directly or indirectly, such as giving or offering money, gifts, jobs or loans during the election process or making promises of such after the election.

To overcome money politics, the government must introduce a Political Funds Act as soon as possible. The election expenditure limit is a commonly ignored provision of EOA 1954 and is almost unspoken of or written about.

The limit allowed by the law is RM150,000 for a state seat and RM200,000 for a parliamentary seat. It is believed that a party will spend millions per candidate.

Anyone found guilty of the aforementioned three offences can be jailed for a maximum of two years, fined RM5,000 or disqualified as an elected representative, and loses the rights of a voter for five years.

A person who commits corruption under EOA 1954 can also be convicted of an offence under the MACC Act 2009, which carries much heavier punishments. The act provides for a maximum jail term of 20 years, a fine of five times the value of the bribe or RM10,000, whichever is higher.

Failure to report a bribe, promise or offer under Section 25 (1) and (2) of the MACC Act 2009 shall result in a fine not exceeding RM100,000, or imprisonment not exceeding 10 years, or both.

Furthermore, failing to report a request to obtain a bribe will result in a fine of not more than RM10,000, or imprisonment of not more than two years, or both [Section 25 (3) and (4)].

Candidates and their supporters should campaign within the provisions of the laws. Law enforcement agencies should strictly protect the democratic process to allow a free, clean, fair and credible GE15.

A good political process with integrity can accelerate positive change and fighting corruption is a vital aspect of good governance.

The winning party is expected to form a government with integrity, and together with the people, fight corruption to the fullest. The daunting challenge for Malaysia is to eradicate the evil of corruption from the land.


The writer holds professorial chair at Institute of Crime and Criminology, HELP University

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