PETALING JAYA, Oct 5 ― Election Commission (EC) chairman Datuk Azhar Harun proposed today a robust check-and-balance mechanism to be formed as part of an extended integrity branch in the doctrine of separation of powers.
Azhar told the inaugural Malaysian Law Association of the Pacific conference on constitutionalism here that the Malaysian democracy is severely lacking in oversight, rendering its institutions prone to corruption and power abuse.
He cited the commission he leads as an example, noting that the electoral regulator was effectively free to execute policies without accountability, and how this has led to serious constitutional breaches that weakens democracy.
“I would like to propose a robust check and balance institution in order to have check and balance,” he said at a roundtable discussion on the importance constitutional structures and institutions.
“In the EC, this check and balance does not exist. The EC makes is given the power to make a first recommendation; it is also the one to make objections and adjudicate its own recommendations.
“Imagine: it makes the recommendation but [is also the sole authority to] object to its own recommendation,” he added.
Azhar was appointed EC chief replacing Tan Sri Mohd Hashim Abdullah after Pakatan Harapan (PH) took federal power last year; he was specifically tasked to reform the election regulating body whose credibility had been tainted by allegations of partisanship and power abuse after decades under Barisan Nasional (BN).
The EC members who were with Mohd Hashim have also since resigned.
Past EC officials had been linked as favouring the then ruling BN, which critics accused of committing serious constitutional breaches that included gerrymandering and corruption.
Electoral watchdog Bersih 2.0 said the most recent redelineation conducted by these officials in essence created more super-Malay majority seats meant to give Umno, BN's anchor party, an upper hand.
Today, Azhar said the new administration reform drive for fair and free elections remains riddled with legal and bureaucratic obstacles.
He cited the appointment process of EC officials for one, which remains solely based on the discretionary powers of the prime minister, and that to change this would require a constitutional amendment that needs bipartisan support in Parliament.
“I am learning about this huge creature called bureaucracy,” he said.
Azhar was among those who pushed for a neutral Parliamentary Select Committee (PSC) to vet appointments and evaluate the performance of public officials.
But while PH did establish the PSC, Azhar said it has no legal power to take or compel action.
The EC chief added that the committee could provide genuine oversight, but only if it is conferred legislative powers.
He also proposed that all public agencies appoint an independent auditor for best practices and good standards, similar to the Australian system.
“I'd like to see an audit committee for all public institutions,” he said.
“In Australia ― I had the privilege of observing the election there recently ― there is an auditor who sits there auditing the Election Commission.
“Not numbers but performance, standards, KPIs, and the auditor is an expert and independent and he or she assesses performance and suggest recommendations.”
Two days ago the Electoral Reform Committee recommended proportionate representation to replace the existing first-past-the-post system, similar to those practiced in some Commonwealth countries.
The call echoed demands long made by groups like Bersih 2.0 and other electoral watchdogs, who argued that the proportionate representation method could circumvent abuses and gerrymandering.
But such a proposal would still require constitutional amendments, which means the proposal could only come to life if PH acquire two-thirds support in the Dewan Rakyat.
