AUGUST 19 — The Election Commission (EC) has fixed September 26 for the Sabah state election while nominations will be held on September 12. The state legislative assembly was dissolved on July 30 following a political crisis. It now has 73 seats to be contested after the Dewan Rakyat approved a Bill last year to increase the number from 60.

Therefore, it is only appropriate if the political parties contesting engage in clean and fair campaigns especially during the unprecedented coronavirus pandemic that is affecting us now.

Integrity and fairness in electoral campaigns are crucial to ensure that fraud and corruption does not damage the credibility of the elections and its outcome.

According to the existing legislative framework, the Electoral Commission (EC) does not have the power to investigate, prosecute, fine, probe any election candidate or party it represents for any violation of election law, especially provisions under the Election Offences Act 1954(EOA 1954).

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The Malaysian Anti-Corruption Commission (MACC) would take action against parties, their agents and members who breach the provisions of EOA 1954 or Penal Code offences if they have been found to have used inducement to buy votes, while the Royal Malaysian Police can focus on other criminal offences and security matters.

A special 24/7 operations centre will be set up by MACC at its Kota Kinabalu office to enable the public to report any abuse of power or corruption. The public can contact 08-8488381 for more information.

It is sad to find that election offences have been recorded in the Port Dickson, Sungai Kandis, Seri Setia, Balakong, Semenyih, Tanjung Piai and Kimanis by-elections.

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Even before the nomination date and campaign period started in Kiwanis, an apolitical leader was accused of an alleged corruption case. Another example was during a Christmas event in Membakut recently, where Warisan leaders handed out lucky draw prizes to attendees, which are also offences under the EOA.

Both party candidates should not engage in activities that could violate election laws and regulations in accordance with the EOA, MACC Act 2009 and the Multimedia and Communications Act 1998 in the upcoming Sabah state election.

It appears that the change of government in 2018 has not brought changes to the way parties conduct their campaigning. Hundreds of election offences like misconduct, treating, gifting and breaching the campaign limitation period occurs on campaigning period and on polling day.

Prior to the by election of Tanjung Piai, a former Mentri Besar announced an allocation of RM23.93 million of new development projects.

Also during Kiwanis’s by-election campaign, a former minister announced a RM90,000 allocations for fishermen in Kampung Biau, Bongawan, to repair the jetty of the village.

It was also reported he had handed over a mock cheque of RM3 million to the Paper Area Fishermen Association — RM1 million for economic projects and RM2 million for building grants to businesses.

The attempts to influence voters is morally wrong and unethical unless it was under an official schedule or pre-arranged as part of their service delivery.

Under EOA, it is an offence not to submit election expenditure statement within 31 days after the election results are gazetted. Failure to submit the expenditure statement would include not being allowed to attend the state assembly sitting and participation in any election for five years. One can also be charged with breaking these laws.

Hence, access to information on political financing, including election campaign contributions and expenses, are essential for protecting integrity since they promote transparency and increase public confidence in the electoral process.

Under Section 15A of the EOA, a candidate must record expenses incurred during an event, and that a candidate’s maximum spending limit is RM100,000. Other offences amounting to corrupt practices is provided for under Sections 8 (treating), 9 (undue influence), 10 (bribery). They cover direct and indirect acts committed to induce any person to vote or refrain from voting.

The other offences amounting to corrupt practices which provided for under the EOA are under Section 8 which states that that if “any candidate who accepts or takes food, drinks or refreshment, provision, money or tickets shall be guilty of the offence of treating.”

Section 9 refers to the placing undue influence on voters. The use of coercive tactics to influence or interfere with any person’s electoral right is also an offence.

Section 10 covers anyone who directly or indirectly buys votes, such as giving or offering money, gifts, employment, office, place or loan before, during or after an election.

Sections 8, 9 and 10 of EOA cover not only the candidate but anyone liable to commit these offences. Upon conviction, a person may be liable to a maximum of two years’ jail or fine of between RM1,000 and RM5,000. The person is also not allowed to vote for five years.

If the accused is charged under MACC Act, the penalty for any corruption-related offence is (I) imprisonment for a term not exceeding 20 years and (ii) a fine of not less than five times the sum or value of the gratification or RM10, 000, whichever is higher

Malaysians are eager to see that the law is adhered to by parties in the state of Sabah.

Having laws to regulate political funding will have a positive impact on Malaysia as it strives to improve the country’s image in terms of transparency, integrity and accountability.

The misuse of advantages of incumbency and official power and machinery in by-elections by political parties should be banned.

There should be zero tolerance of money politics from both sides of the political divide. The (EOA 1954) should be amended to give more appropriate power to EC.

Candidates in the by-election and their supporters need to conduct their campaigning within the scope of our laws, while enforcement agencies must enforce the laws and EC must protect the democratic process for a free, clean, fair and credible election. The fundamental principle defining credible elections is that they must reflect the free expression of the will of the rakyat.

Otherwise, our cry for Malaysia as a clean and democratic government will surely ring a hollow.

* Datuk Seri Akhbar Satar is President of the Malaysia Association of Certified Fraud Examiners.

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