Comment: After reading this, please do go into mansuhkan9A and sign the petition. More information about Section 9A of the Elections ACtd 1958 shown below. Thank you. Subject: FOREVER CHEATING! Wan Ahmad and the ECs electoral charade Charles Santiago, Malaysia Chronicle, 21 July 2013 FOREVER CHEATING! Wan Ahmad and the ECs electoral charade Last Thursday, my colleagues and I launched the “Mansuhkan 9A” online petition campaign to demand for the removal of Section 9A from the Elections Act 1958. Within a couple of days, the campaign has gathered over 600 signatures and the momentum is continuing to grow. Yesterday, the Election Commission’s (EC) deputy chairperson, Wan Ahmad Wan Omar was quoted as saying that, “Section 9A is needed to prevent people from stalling the electoral process by challenging the electoral roll.” Wan Ahmad’s justification is a charade. Absolute power Clearly, Wan Ahmad prefers Section 9A to be maintained as it gives the EC absolute powers in controlling the electoral roll. Wan Ahmad’s statement also further confirms that the EC will not allow any cleaning-up of fraudulent voters in the electoral roll as Section 9A prohibits judicial oversight. More disturbingly, the EC is willing to conduct an election even though they are aware that there are fraudulent names in the electoral roll. This is nothing new. Last year, when I raised the case of Dinesh Kumar, a Klang resident who was registered fraudulently as a voter without his consent and knowledge by an UMNO deputy registrar (the Selangor state EC even admitted this), Wan Ahmad replied that the issue was “not a big deal” and we should not create such a fuss about it. Malaysians have enough of senseless statements from Wan Ahmad and the EC. Key obstacle I reiterate that Section 9A is undemocratic. It is a key obstacle towards a free and fair election. And it prevents judicial oversight over a fraudulent electoral roll. I call on the EC to support the call to abolish Section 9A. Otherwise it would tantamount to them defending phantom voters and an admission that EC is against free and fair elections. I urge fellow Malaysians to sign the “Mansuhkan 9A” campaign petition. If the EC cannot ensure a free and fair election, we have no choice but to do it ourselves. The petition is accessible at: mansuhkan9A Charles Santiago is Member of Parliament, Klang Full article: malaysia-chronicle/index.php?option=com_k2&view=item&id=132241:forever-cheating-wan-ahmad-and-the-ecs-electoral-charade&Itemid=2#ixzz2ZdwhInS9 Follow us: @MsiaChronicle on Twitter ************************************* What is Section 9A of the Elections Act 1958? - from mansuhkan9A Section 9A of the Elections Act 1958 stipulates that: “After an electoral roll has been certified or (and) re-certified, as the case may be, and notice of the certification or (and) re-certification has been published in the Gazette as prescribed by regulations made under this Act, the electoral roll shall be deemed to be final and binding and shall not be questioned or appealed against in, or reviewed, quashed or set aside by, any court.” This in substance means that once an electoral roll is gazetted, it cannot be challenged in court. The Election Commission has absolute power in controlling the electoral roll and cannot be challenged, even in the presence of elements of fraud legally proven or admission of irregularity by the Election Commission itself. Section 9A is an ouster clause, i.e. it prevents members of the public the right to have decisions reviewed by the courts. Citizens must be allowed to assert their right and challenge the electoral roll if it is suspected to have discrepancies. Section 9A was controversially introduced by the Barisan Nasional-led government after the landmark Likas by-election case. In 2001, the Kota Kinabalu High Court had found the Likas constituency electoral roll to be flawed, as it contains phantom voters, and hence declared the 1999 constituency polls to be null and void, or tainted with fraud. We call on the government to repeal Section 9A as it is unconstitutional. It is hindrance towards a free and fair election, undemocratic, and prevents the judiciary from discharging its independent role under the doctrine of the Separation of Powers as arbiters of rights and duties. +++++++++++++++++++++++++++ Public Appeal Letter in ww.mansuhkan9A: To: Government of Malaysia We request for the immediate abolishing of Section 9A of the Elections Act 1958. It is hindrance towards a free and fair election, undemocratic, and prevents the judiciary from discharging its independent role under the doctrine of the Separation of Powers as arbiters of rights and duties. Sincerely, [Your name]
Posted on: Sun, 21 Jul 2013 02:43:52 +0000
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