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An election day under guardian angels


by Ramdas Tikamdas
Aliran Monthly 2004:3


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Even feng shui masters were forecasting victory
On Saturday March 13, the Election Commission (EC) blew the bugle for the campaign for the 11th general elections to begin and gave itself eight days to wrap up the job-the shortest period in Malaysian electoral history. Three days from nomination day was the cooling period, one assumes, to allow any candidate inspired in the interim by God or mammon, to withdraw. Polling day was fixed at the tail end of the ides of March on Sunday 21st.

The media immediately went into predictable frenzy forecasting a thumping victory for the ruling party. Self-styled political scientists, academics, even astrologers and fengshui masters forecast inevitable and preordained victory as “election day was under guardian angels” (Star, March 21). The public was bombarded day after day with feel good advertising and spin which one suspects could even be subliminal.

On the eve of elections the people were publicly given ‘gifts’ for their assumed support the following day. The New Sunday Times, March 21, 2004 happily announced that the Melaka Chief Minister had launched a RM 22.5 million facelift project for the Portuguese Settlement. Free health screening was made available in Lembah Pantai with two doctors and several nurses from the health department administering check-ups. The paper also announced that RM 1 billion had been allocated to Sarawak by the Federal Government for school development in the next two years. All no doubt good causes but on the eve of polling day !

Chaos and disorder

In any event, no one, not even the astrologers were able to predict the chaos and disorder which was to follow nomination day right up to polling day.

On March 16, two men were detained by the Anti Corruption Agency (ACA) in Kulai for allegedly offering the PAS election candidate RM 100,000 to withdraw his candidacy after the PAS candidate’s supporters made a citizens’ arrest and handed over the suspects. Another escaped and later surrendered to the police. Another Keadilan candidate was reported in The Malay Mail (March 18) as alleging that he had been offered money to withdraw from contesting. The Star, (March 18) reported the Prime Minister as saying that the ACA “was an independent body” and he had “allowed the ACA to take action against them and if the ACA find something wrong they must face the court of law.”

Two men were also arrested in Tumpat for possessing 11 identity cards. (NST, March 21)

start_quote (1K) While in many places the complaint was the loss of the right of franchise, in Terengganu on the other hand, the allegation is that all and sundry voted! end_quote (1K)
In Selangor, on polling day pandemonium and massive disarray erupted on a scale unprecedented in the history of our elections. It was so impossible to deny that even the Barisan Nasional lodged a complaint against the EC. Innumerable registered voters from all parts of Selangor including Puchong, Serdang, Petaling Jaya Selatan, Gombak, Selayang, Pandan and Kuala Kubu Baru lost their right of franchise with a number of EC officials reportedly nowhere to be found.

To add to the mess, EC officials unilaterally and without notice to the candidates, extended the voting hours from 5.00pm to 7.00pm and while some polling stations started counting the ballots at 5.00pm, others opened up to 6.00pm and yet others up to 7.00pm! (The Sun, March 22).It is not known on what authority the hours of polling were extended because Regulation 11(5) of the Elections (Conduct of Elections) Regulations,1981 (PU(A)386/1981, provides that “the hours between which each polling station will be open” must be published in the Gazette and the gazetted time of closing was 5.00pm. Further Regulation 23 expressly states that “No Ballot paper shall be issued to a voter after the hour fixed for the closing of the poll but if at that hour there is in the polling station any voter to whom a ballot paper has been issued, such voter shall be allowed to record his vote.” Nothing beyond that.

Police reports

Various police reports have been lodged and complaints registered with the EC including:
  1. the names of various registered voters were not on the electoral roll despite having voted in their constituency in the past.
  2. others had their names on the roll but still could not vote as the EC failed to assign them to voting streams to obtain ballots.
  3. others were transferred without their knowledge to other constituencies and even to other states.
In Sungai Lembing in Pahang, voting had to be suspended and was rescheduled to the following week because of a misprint on the ballot papers.

While in many places the complaint was the loss of the right of franchise, in Terengganu on the other hand, the allegation is that all and sundry voted! It would appear that the people of Terengganu especially heeded the plea of the Prime Minister to “come out in full force to cast (your) ballots on Sunday as every vote counts” (Star, March 17). In fact a number of parliamentary and state constituencies recorded an astounding voter turnout of about 90 percent achieving national records which are a cause for pride and jubilation and a triumph for democracy. But PAS claims these high turnouts are extraordinary, suspicious and dubious. It alleges that this was achieved only with the assistance of the netherworld – of an army of phantoms throughout the state of Terengganu, somewhat akin to the Oathbreakers ghost army of the “Lord of the Rings, The Return of the King”; hence the term ‘kemenangan hantu’ or phantom victory used by the defeated Hadi.

It will of course perplex the uninitiated whether or how if at all the phantom voters were able to vote under the noses of an incumbent, (albeit caretaker) opposition state government. Or did the silent majority, stung by the Hudud and Qisas Enactment and disappointed with the lack of focus on temporal development, decide to take their fate in their own hands through the ballot? Only an independent inquiry into the Electoral Roll(s) and into the conduct of the election process can resolve these nagging questions.

Electoral rolls: three versions

There are also complaints that there were purportedly three versions of the Electoral Roll and the version used on polling day was different from the version given to the candidates just after nomination day.

Opposition candidates also protested bitterly that despite the new amended S.26 A (1) of the Elections Offences Act 1954, which provides that only the EC shall provide booths to assist electors to ascertain their electoral numbers on the electoral roll, at the 11th hour and after the Barisan Nasional had put up their “pejabat party” at the various centres, the EC purportedly had a change of heart and allowed the same, leaving the opposition candidates without their booths.

Given all these infirmities, the question arises whether they are merely technical glitches or substantial irregularities that have undermined the requirements of a free and fair election. Were these the result of inadvertence, negligence, reckless disregard for the election process or, worse, a deliberate conspiracy to defraud? These questions can only be answered by an independent and open inquiry and upon the findings of this inquiry hangs public confidence in the mandate of the EC and the integrity of the 11th general elections.

The Election Court can only determine election petitions for individual constituencies but it is only a Royal Commission of Inquiry which can consider comprehensively and objectively what really happened in the 11th general elections.

Postal ballots in trash cans

In the meantime, difficult as it may sound, it is suggested that all parties must accept the results as officially pronounced by the EC because rejecting the validity of the election results will undermine the democratic fabric of our society and that cannot be countenanced.

Day after day more irregularities and discrepancies are being exposed, such as postal ballots in Sabak Bernam being found in a trash can, leaving the public to wonder whatever happened to the “guardian angels” on election day. In the meantime, over to the Courts of Justice and the Commission of Inquiry. After all, this is a government that wants to know the truth.

Ramdas Tikamdas is the President of HAKAM, the National Human Rights Society.


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