Electoral reform group Bersih has recorded 23 offences in the recently concluded Cameron Highlands by-election, the highest among all by-elections since the 14th general election.

Among the 23 offences, 14 were committed by victors BN and five by Pakatan Harapan. Two were committed by PAS, which did not contest but campaigned for BN.

The remaining two offences were committed by unidentifiable parties.

Bersih acted as an observer for the by-election.

Commenting on the results, Bersih chairperson Thomas Fann analysed that the surge in recorded offences was not due to disregard for the Election Offences Act 1954, but rather because both the public and political parties were more aware of what constituted an offence.

“This particular by-election was triggered because of an election offence of bribery. Because of that, there was a heightened awareness of election offences, people suddenly became very conscious that election offences do matter. It can lead to a seat being vacated.

“[...] Also that the two contesting parties (BN and Harapan) held each other to account, they (were) always monitoring each other on election offences. This led to a greater number of offences being highlighted and reported,” he told a press conference at the Bersih office in Petaling Jaya this morning.

Abusing gov’t machinery

BN was recorded as treating voters on four counts, campaigning on polling day on seven counts, inciting racial and religious tension on one count and using government resources on two counts.

Specifically, Fann highlighted how Pahang Menteri Besar Wan Rosdy Wan Ismail (photo), who oversees land matters in the state, had abused state government resources by issuing land permits to 73 farmers, and at another event, had told farmers to vote for BN if they wanted more profit and their land woes to be over.  

Harapan was recorded for vote-buying and exercising undue influence on two counts, campaigning on polling day on two counts and using government resources on one count.

Fann noted how Harapan had begun using government machinery even before nomination day (Jan 12) when a slew of ministers held working visits in the constituency. 

However, he admitted that the law did not specify what constituted an abuse of government resources and urged a law reform.

“We are calling on the Election Commission (EC) to come out with clear guidelines as to what constitutes an abuse of state resources.

“We believe that the guideline has to kick in the moment Parliament is dissolved or when the seat is declared vacant, not only after nomination day,” he said.

Police must act on racial politics

PAS, meanwhile, was recorded for inciting racial and religious tension on two counts.

These were by party Youth Chief Muhd Khalil Abdul Hadi for alleging DAP would remove Islam from being the official religion of the country, and by party president Hadi Awang, who uploaded a video onto his Facebook page warning that Muslims and non-Muslims ought to vote for a Muslim candidate so that “all will be safe”. 

Fann criticised the use of identity politics in this manner and urged the police to take action.

“We find this is a very disturbing trend [...] and we urge the police to take strong and immediate action to investigate this allegation or what was reported so that the intercommunal harmony of Malaysians would be preserved,” he said.

The final two election offences by unidentifiable parties referred to flyers and posters which implied there was a link between Harapan candidate M Manogaran and the death of firefighter Muhammad Adib Mohd Kassim, as well as a photograph of an early voting ballot which was shared online. 


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