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Thread: Press Release 16: EC making dubious claims

   
   
       
  1. #1
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    Press Release 16: EC making dubious claims

    12th Apr 2012 Monday
    PRESS STATEMENT #16: FOR IMMEDIATE RELEASE


    Head of Tindak Malaysia, Wong Piang Yow (for the Chinese press, 黄炳耀) today commented on the news article by The Borneo Post on 10th Apr 2012 entitled “EC wants power to strike off dubious voters from list”.

    The article mentioned a few interesting points:
    1. The EC Chairman claimed he wanted to delete doubtful voters from the list but had no power to do so.
    2. the country’s election process in fact could be considered to be among the fairest in the world,
    3. During elections we do welcome both domestic and international observers because we have nothing to hide.
    4. He criticized BERSIH 3.0 for wanting to hold a sit-in at Dataran Merdeka on April 28 against the country’s selection process saying he could not see any valid reason for it.
    Point 1: EC wants to delete dubious voters but does not have the power!

    The article quotes the EC Chairman Tan Sri Abdul Aziz Mohd Yusof as saying: “I was advised by the EC panel members that under the law, we can’t simply delete names from our electoral rolls. That is the reason we cannot delete anyone’s name even though they are considered dubious, unless we are very sure,” Although the status of the 42,001 registered voters were doubtful the EC chairman said there was nothing the commission could do.

    “Of course deep inside my heart I want to delete doubtful voters from the list but then again under the law it is not the right thing to do. The commission has no right to delete any names from the electoral roll unless they are confirmed to be dead,” he noted.

    Tindak Malaysia wishes to offer their help to the EC Chairman on this matter as obviously, his advisory panel have not advised him properly….

    There are two parts to the Election Laws and Regulations.

    Election Laws are drafted by Parliament.
    Election Regulations are drafted by the EC.

    The Law:

    Elections Act 1958 Section 15(2)(k) states:

    (2) Without prejudice to the generality of the foregoing powers the regulations may-
    (k) provide for the correction of clerical errors in any electoral roll;

    What does the Elections (Registration of Electors) Regulations 2002 (ROE) say?

    PART Ill

    THE PRINCIPAL ELECTORAL ROLL

    10. The principal electoral roll.
    (1) (Omitted for clarity)
    (2) For the purposes of revision, the Registrar shall, every three months, prepared a list of the names of electors from the principal electoral roll who have died or have become disqualified for registration and the Registrar shall update the principal electoral roll by deleting the names of electors who have died or have become disqualified for registration.


    If there is an objection on an elector in the Principle Electoral roll, he cannot delete it immediately, but he can put the "suspect" voter on the Supplementary roll for public objection.

    He has power to conduct a public enquiry over names that are objected to.

    17. Public inquiry.

    (3) If such prima facie proof as aforesaid is given, the Registrar shall require proof of the qualification of the person in regard to whom the objection has been made, and-

    (a) if such person's qualification is not proved to the Registrar's satisfaction, shall expunge such person's name from, or, as the case may be, refuse to include such person's name in the supplementary electoral roll;


    The above procedures provide him with enough authority to remove the doubtful voters from the electoral roll.

    Here's more:

    ROE R25(2)(d) to (g) and especially (d) and (g) to remove the 13,000 plus doubtful voters in Sabah.

    ROE 25(2)(d) striking out any superfluous entry in the principal electoral roll or the supplementary electoral roll;

    ROE 25(2)(g) striking out the name of any person who, in the opinion of the Chief Registrar, is not entitled, for any reason, to remain or be in the principal electoral roll or the supplementary electoral roll;


    The words "in the opinion" is a discretionary power given to him and "for any reason" under ROE R25(g) means he can remove any voter according to his wish and fancy.

    The issue is: Does he want to do it?

    Point 2: The country’s election process could be considered among the fairest in the world!

    We commend the EC Chairman for his sense of humour. Obviously 50,000 Malaysians would not have braved police brutality, chemical-laced water and tear gas in the 9th Jul 2011 BERSIH 2.0 Rally in Kuala Lumpur, had it been so. Anyone who had attended any of the 6 Parliamentary Select Committee Hearings on Electoral Reform would have heard a very different story. Please stop trying to mislead the people. Tindak Malaysia wishes he had made this brave statement in Kuala Lumpur rather than hiding in Kuching to do so.

    Point 3: The EC welcome both domestic and international observers as they have nothing to hide!

    We are very pleasantly surprised to hear finally this statement. In the past, the EC had brushed off the call for the presence of international observers, claiming that “they don’t know our culture and our election laws!” We look forward to see local and international observers in the coming and all future elections.

    Poisn 4: The EC criticized BERSIH 3.0 for calling for a sit-in on Apr 28, claiming he saw no reason to do so.

    We invite him to read our press releases here which should be self-explanatory.


    1. The PSC’s 10 Recommendations in their Interim Report of 2nd Dec 2011 confirmed the use of indelible ink but increased the staff cost by RM 7 million and added 30,000 postal voters to the electoral system. And we know how postal votes have been abused to favour Barisan Nasional.
    2. The PSC Final Report DR.1/2012 dated 3rd Apr 2012 only offered postal votes to doctors, nurses and journalists for immediate implementation. The other 25 recommendations were merely weak statements that would only come about after GE13, if ever, as the majority (18 out of 26) had no timelines. See Table attached.




    We can see that the impact of the PSC's 22 Recommendations is very minimal and is just a charade. There is only 1 solid recommendation and that is the indelible ink but there is no provision to cover postal voters. So we don't see the point. On top of that, the EC used the opportunity to increase the Polling Station Clerks by 33% which will bump up the election cost by RM 7 million and increase the number of postal voters by 30,000. That will in turn increase the election cost by another RM 1 million! Yet the EC complains about increased election cost arising from BERSIH 2.0's demands while they surreptitiously pad the costs to increase the electoral advantage for BN.

    Actually the EC should be surprised that BERSIH 3.0 was held back for so long.

    We reiterate our call to the EC: For the sake of the nation, please step down. You are an obstruction to the Rakyat’s goal for Free and Fair Elections!

    Tindak Malaysia is a civil society movement to promote Free and Fair Elections through voter education. On 21st Mar 2012, together with Bersih 2.0 Steering Committee, it submitted a list of proposed amendments to the electoral laws and regulations to the Parliamentary Select Committee on Electoral Reform. Although not funded by any political party or individual, trainers from Tindak Malaysia have travelled throughout the country to conduct voters’ education. To attend the next voters’ education, please click on and register at https://sites.google.com/site/pacabatraining/

    For more information about this press statement, contact Wong Piang Yow 012-2149322 or email pywong@tindakmalaysia.com. Earlier versions of the press release can be viewed at http://www.tindakmalaysia.com/forums/139-Press-Release or www.tindakmalaysia.com (Press Release)
    py

  2. #2
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    SPR’s boast of `Malaysia has the fairest elections’ -any takers?

    April 13, 2012 by democracy4now

    The Malaysian Election Commission chairman follow the example of Malaysian ministers to boast that Malaysia has one of the fairest elections in the world, despite numerous criticisms of the elections mis-administered by them over the decades(see report below). Previously the DPM boasted that the education system and the rate of deaths in custody are among the world’s top. It seems that the EC chair is willing to tread between the treacherous line between credibility and plausibility to follow in the footsteps of his political superiors! Once he go on this tack the number of boasts just can’t stop from coming out of his gap: he claimed that observers are welcome-despite MEONET’s and other observers’ applications; he claimed that the EC is asking legal opinion if they can strike off dubious voters-despite the fact that many applicants have dubious citizenship in the first place. The list goes on and on. The Pinocio’s nose is poking through the window…

    http://sarawaknews.wordpress.com/201...ns-any-takers/

    py

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