MACC must not endorse election bribery

Newsflash:

MACC must not endorse election bribery

spr-voting-2 The Malaysian Anti-Corruption Commission’s (MACC) heretical interpretation of the Election Offences Act 1954 (the Act) on corruption is most alarming, and warrants an emphatic rebuttal.

In the front page headline story of Sin Chew Daily yesterday (Feb 13), MACC’s deputy chief commissioner (Prevention) Sutinah Sutan was quoted as saying that for corruption offences committed during an election, our laws only deal with individuals – not political parties. As such, money or gifts given to the electorate to induce votes for a political party is not an offence. It is an offence only when the gift is given to induce votes for a specific candidate.

Sutinah further said that the Prime Minister or other Barisan Nasional (BN) leader’s announcements of allocations for projects are meant to benefit the people; such actions cannot be considered election bribery or abuse of power as they are meant to garner electoral support for BN, and not for the leader himself.

I have to differ with these interpretations of the Act taken by MACC.

Corruptly inducing votes for parties is also bribery

First, the definition of bribery is covered in Section 10 of the Act, but nowhere in the entire Section is there any mention that the object of inducement must be for an individual candidate. The Act only defines bribery as material benefit given out or pledged to induce votes without specifying whether such electoral support is meant for a political party or for an individual. Under the circumstances, how can Sutinah claim that giving out money to solicit electoral support for a political party does not fall within the ambit of the Act?

In fact, the pertinent criterion MACC should consider is the motive of the gift – whether it is dished out to solicit votes. Whether the solicitation is meant specifically for a certain candidate or for a group of candidates or for a political party is wholly immaterial.

Second, Sutinah (left) justifies the Prime Minister’s frequent dishing out of grants in his campaign trail as not acts of bribery or abuse of power on two grounds: that it is meant to gain electoral support for his party – not for his personal benefit; and that the grants are meant for the benefit of the people.

Sutinah’s first ground is legally untenable as already explained in the foregoing paragraphs. Her second ground is insupportable by facts as the motive of those grants has been made crystal clear when he often announces the grants in the same breath as he admonishes his audience to vote for BN.

Sutinah’s second ground that those grants will not lead to PM’s personal benefit is also manifestly untrue. How could the PM not have benefited personally, since those grants would lead to more electoral support for his party, which may result in his party being re-elected as the government, and he himself re-elected as the prime minister?

No immunity for political parties

Third, Sutinah’s claim that our election law is directed only at the individual and not the political party and hence it is powerless to bring errant political parties to book is dangerously misleading. It conveys the impression that a political party may commit election offences with impunity. This supposition is distinctly untrue.

When a political party breaches election laws, why can’t leaders, officials and agents that have participated in the offence be charged and convicted in court? We have sufficient laws to ensure that not only individuals but the entire political party can be punished, depending on the nature and severity of the offences.

The Malaysian election system, with its incessant scandals of massive rigging, is now world famous for its lack of a level playing field. Instead the odds are stacked heavily against the opposition, for which the lame duck MACC must take major responsibility in allowing this to happen.

With the most critical general election in the country’s history imminent, and the wind of change blowing fast and strong, law-enforcing institutions such as the police have already started moving in the direction of political neutrality as demonstrated in the recent KL 112 mass rally.

Will the MACC in this critical hour of our history also live up to the fervent hope of the people to shoulder its constitutional responsibility to safeguard a cleaner and fairer election without fear and favour?

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Comments (4)

27-02-2013 | mohamed ghaus bin othman

more than half a century that umno/bn has lead this country...the top leaders and most of their staff in all of the govt.institutions...have been doctrine....that only umno/bn can rule this country...and now it has become a culture....whoever is selected or elected to be the top guns of any of the govt.institutions....they must follow the rules and regulations....the big boss is always right...no query...no obstructions...and if possible try your best to cover the wrong doings of their superior or the ministers....the solution is....we ought to change to the new govt....with the new sets of leaders....

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15-02-2013 | surinder

Another thought provoking post by a respected critic and analyst. The MACC and all other strategic agencies are overrun with UMNO supporters and toadies. These are the people who under the cover of civil service neutrality in fact are bending over backwards to implement/justify whatever the ruling government wants them to do. No doubt Sutinah Sutan will be rewarded with a datukship and her family will be given all kinds of perks. Her type has been around for more than 50 years now and there are no sign of getting better. MACC = Malaysian Asylum for Crooks and Cronies

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15-02-2013 | Eagle

Our laws are based on British Legal System and based on precedents.
Surely there will be cases in other 'real' democratic countries with 'really' independent agencies,like anti-corruption or AG Chambers,not like Malaysia where it is exposed for the whole world to see that UMNO 'controls' the MACC(under the purview of the PM's Department),so what ever 'decisions' or 'intepretations' that come from it, will be in favour of the ruling party,unlike say USA,UK,Australia,New Zealand or Canada, where real democarcy and real civil society flourishes.
Oh God,Allah(I;m non Muslim so this is meant for Muslims),when will Malaysians be free of the idiots who are paid by taxpayers money,the peoples' hard=earned money, be FREE of such IDIOTS!!!!

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14-02-2013 | najib manaukau - najib manaukau

This is just a further affirmation of what the people believe along that MACC is not only Umno's lackeys but it is also controlled by the scumbags and parasites of Umno, period. These morons have deceived the people just to remain in Putraja for so long to enrich themselves.
Every organisation in Malaysia is badly infested by these Umno morons, just like a cancer patient with the final stage of the sickness. There is no cure for the cancer patient and the only one way out of these bloody shambles is to kick them out of Putrajaya in the coming GE. REgardless of what they do or who they bring in to entertain the crowd at the end just have them kicked out of Putrajaya !

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