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Guidelines are not the law on what constitutes corrupt practice — Hafiz Hassan

AUGUST 1 — The chief commissioner of the Malaysian Anti-Corruption Commission (MACC) Tan Sri Azam Baki is reported to have said that the anti-graft agency has no plans to draw up guidelines specifically on the issue of awarding aid and assistance during elections.

There is no need to as Azam himself said the matter is clearly stated and explained in the Election Offences Act 1954 (Act 5).

We inherited many good laws from colonial times, one of which is the Election Offences Act 1954 (Act 5). Part III is on Corrupt Practices and provides for the offences of "Personation” (Section 7), "Treating” (Section 8), "Undue influence” (Section 9), "Bribery” (Section 10). The last provision in the part is on "Punishment and incapacities for corrupt practices” (Section 11).

Part III has remained the same except for amendments in 2002 so that it shall be corrupt practice if one were to commit the offence of treating, undue influence and bribery "before, during or after an election”. The amendments also enhance the punishment under Section 11.

Each of the provisions on corrupt practices is not only broadly but clearly worded.

The Act was last enforced very recently on June 27 when the Terengganu Election Court nullified the victory of Ahmad Amzad Hashim of Perikatan Nasional in the 15th General Election (GE15).

Judge Datuk Seri Mohd Firuz Jaffril ruled that the petitioner, Barisan Nasional candidate Datuk Mohd Zubir Embong, succeeded in proving that corruption had taken place with the aim of influencing voters in GE15.

Election candidates can take advice on corrupt practices under the Election Offences Act without any guidelines from the MACC. Guidelines are not the law. The Act is.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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