Hold RCI on the electoral process
Published on: Sunday, January 12, 2020
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THE Government has formed a special Electoral Reform Committee to review election laws and systems in Malaysia.

The brand new Electoral Reform Committee (ERC) is chaired by former Election Commission (EC) chairman Tan Sri Ab Rashid Ab Rahman, said the Prime Minister’s Office (PMO) in a statement.

Is Rashid the best man to chair that Commission? 

It is more than a year of a two years to complete the said report and has he promoted his effort in Kota Kinabalu?

There was an earlier Parliament Select Committee on Electoral Reforms that came to Sabah in November 2011 with sessions for the public and what happened to that effort?

I brought up the issue of the unexplained and unverified discrepancies of ballot papers issued in Parliament seats as compared to the total ballot papers issued for the State seats in the same Parliamentary constituencies. 

There should not be any discrepancies of hundreds or even thousands of ballot papers issued. How can such discrepancies be ignored by EC prior to announcement of results of polling night? 

Very likely rigging done by EC as EC controls the ballot papers or done in full knowledge of EC. Most EC staff may even be millionaires going by the way massive election funds were incurred by the ruling parties for decades under BN and extra ballot papers for possible manipulation to ensure they stay in power for decades. 

I have written a book titled “Malaysian General Elections March 2004 – A case of victory – landslide or rigslide” (ISBN978-983-2653-31-8) where irregularities and electoral frauds were identified.

I had also lodged Police Reports (10281/06; 011997/07 and L/001100/08) with extended copies to MACC on GE2004 and GE2008 but nothing was acted upon on suspected electoral fraud by under BN.

Then I went to High Court for elections case for alleged electoral fraud for GE2004 and GE2008 in 2008 where funny things happened there. I went to court as an aggrieved citizen and voter so much on the legal understanding that any criminal fraud has no time limit or time bar. 

The Judge simply struck off GE2004 for time limit and GE2008 within 6 months was struck off simply it was over 6 months for election petition. But this one was not an election petition as I was not candidate. For the GE2008 case, it would have been a walkover for me to proceed to the trial proper as nobody from the defendants turned up for a hearing fixed by the Court. I did the cases myself as I could not afford any solicitor.

Then I wanted to file a court case on GE2013 when filing was online and I approached a lawyer to help me to file that but was very disappointed for the outright rejection by the lawyer without hearing my request

The details of my cases on GE2004, GE2008 and GE 2013 are in my online website blogspot.

It is very interesting that Datuk Seri Anifah Aman is to sue EC over the final Federal Court decision over Kimanis P176 in GE2018 (DE 20 Dec 2019). I do not know if there are any contempt risks to write about that decision but I do have many questions not likely to be answered until the possible suit against EC is done with.

The latest relevant question is what if Anifah won the civil suit against EC, is there any impact on the by election to be held in January, 2020? 

I am surprised that the nomination centre on 4th January, 2020 is in Beaufort so far away from Kimanis. If it can be in Beaufort, then it can also be in Kota Kinabalu. 

The case of Kimanis in GE14 was declared null and void can be interesting when no party, especially the candidates in the case was found “guilty” of any electoral crimes.

The ERC should scrutinise this case that has gone so far to the Federal court and now a review despite nomination day for the by election being fixed for 4th January, 2020.

The vote discrepancies as alleged in Kimanis due to some extra ballot papers also present an interesting scenario for closer examination.

According to my tireless research on electoral results for GE2004, GE2008, GE2013 and some in GE2018, the crux of the matter is that electoral fraud largely is the work of a biased EC who have the potential to put a party in power illegally..

It has been noted that an important item in the prescribed Form 16 under Conduct of Election regulation No. 27 has been omitted in the final tabulation of the polling results. This departure has invalidated the proper declaration of the winners, especially where discrepancies of ballot papers issued for respective parliament and state seats, thereof, remain unverified and unexplained. 

Failure in complying Form 16 invalidate the electoral results as fraud could prevail as many seats have discrepancies in ballot papers issued in Parliament and state seats of same constituency.

While I sincerely hope that a Royal Commission of Inquiry be held to review the electoral reforms in totality, it is hoped proper audit of the ballot papers issued and counting processes be accorded recognition for validity of the almost instant results too soon to be declared without proper independent checks. 

Without proper independent checks the consequences of electoral fraud tolerated by EC and also likely committed by EC are rearing its ugly manifestations.

Malaysia can surely do better in terms of true natural justice, fairness, clean and true general elections with a new message for a new decade 2020 a perfect vision for the nation and beyond.

n Joshua Y C Kong 

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