POLITICAL parties and candidates involved in the upcoming 15th general election (GE15) have been advised to comply with specific rules related to misconduct and corrupt activities stipulated in 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 provisions of EOA 1954 alone cover all forms of corruption: Section 8 (treating), 9 (undue influence) and 10 (bribery) during or after the election period.
These are arrestable offences within the provisions of the Criminal Procedure Code.
The penalties are severe, including jail, a fine or disqualification as an elected representative, in addition to losing the right to contest in an election.
The necessary provisions already exist in local laws to enable the MACC, police and MCMC to take stern action against corrupt practices in the lead-up to GE15.
While existing laws can be strengthened further, current EC officers and members of enforcement agencies are ready and will monitor the election campaign activities of candidates and their agents in ensuring that no one violates the election campaign laws and rules. The offences are as below.
Treating
Candidates would be committing corruption under Section 8 of the EOA 1954 if they offered food and drink to voters as their action shows appreciation to voters, especially when candidates have the desire to vote for themselves.
Excerpts of Section 8 are clear as follows: “... 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”, which is having the intent to corrupt by giving food or drink.
Undue influence
Section 9 refers to “undue influence” whereby 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.
The penalties related to corruption and abuse of power are under the jurisdiction of the MACC and police.
The matter of undue influence involving intimidation and use of force, directly or indirectly, must be channelled to police.
Bribery
Bribery is deemed to have occurred under Section 10, when candidates or any individual “buys” votes, either directly or indirectly, such as giving or offering money, gifts, jobs or loans during the election process, or making such promises after the election.
To overcome money politics from both sides of the political divide, the government must introduce the Political Funds Act as soon as possible to serve as a guide for parties to differentiate between political funds, contributions and corruption.
The election expenditure limit is a commonly ignored provision of EOA 1954 and is almost unspoken or written about in the media.
The present limit allowed by the law for election expenditure 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.
The Election Commission should review the candidate’s expenditure limit to ensure transparency among each politician.
Datuk Seri Mukhriz Mahathir, who is Party Pejuang Tanah Air (Pejuang) president, said political parties and candidates should be allowed to spend as much as they can afford for campaigning as long as the source and recipients of the funds are known.
Penalties under EOA 1954
Anyone found guilty of the above three offences under EOA 1954 can be jailed for a maximum of two years, fined RM5,000 or disqualified as an elected representative and can lose the right to contest in an election for five years.
Penalties under the MACC Act 2009
A person who commits corruption under the 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 imprisonment 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 and imprisonment not exceeding 10 years, or both.
Furthermore, failing to report a request to obtain a bribe under Section 25(3) and (4) of the MACC Act 2009 will result in a fine of not more than RM10,000, imprisonment of not more than two years, or both.
Clean and fair election
Candidates and their supporters should campaign within the provisions of our laws.
Law enforcement agencies should strictly protect our democratic process to allow a free, clean, fair and credible GE15.
According to democratic theory, one of the ways in which the rakyat can prevent corrupt elite behaviour is through electoral choice.
A good political process with integrity can accelerate positive change and fighting corruption is tightly linked and a vital aspect of good governance.
When this election is over, 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 this land. Corruption is the mother of all evils.
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