It is time to review the current electoral laws that have become the root of all the problems faced by the Election Commission, said its chairperson Abdul Rashid Abdul Rahman today.

Making his bold statement at an elections seminar in the International Islamic University Malaysia (IIUM) in Gombak, he said a committee should be set up for this function.

ec election commission abdul rashid abdul rahman 02 “A committee consisting of wise people, ex-judges, people who are well-versed with the law to take a look at the law to strengthen and defend democratic practices in the country.

"(It is) to study back what the EC actually requires in order to put the commission in a position of strength.

“A position where you can really determine the proper conduct of election. When it comes to the possible review of our electoral laws, we need to review all the laws and not just one,” he said.

However, when asked whether he was calling for a royal commission to look into the matter, he said: "Don't quote me on that."

Urgent review needed

Rashid expressed concerns that the EC lacks the necessary power to act in providing the level-playing field that is duly required in any elections.

“If people don’t believe that we are independent, then the laws should be reviewed and of course that is not within the EC to decide but as chairman, I would consider reviewing the electoral laws as timely.

“This review should be urgently considered. There is a need to enhance and strengthen the power of the EC where it can decide what’s right and wrong.

“When the EC can have control over all political parties, control over abuses and excesses, it is only then that we can be considered a proper electoral body that is ideal in a democracy,” he asserted.

According to Rashid, laws include the Election Act, the Election Offences Act, the Elections (Conduct of Elections) Regulations and the Elections (Registration of Electors) Regulations as well as Article 113 to 120 in the Federal Constitution needs to be reviewed.

rashid uiam election seminar 170508 "We feel that there must be new laws making it easier for us to introduce or to prepare electoral rolls before every election. A roll that is not subject to question or controversy."

However, he said that the EC cannot be making legislative changes because it is not their function.

“We can only voice our unhappiness and dissatisfaction, that’s all. The government will have to pick it up from there.

"I am surprised there is not much debate on this in Parliament. I thought with all the noise they had earlier on, they should be making that noise in Parliament but it is all quiet,” he elaborated during the press conference.

Suing power lacking

The EC chairperson,who is due to retire in December, also said new laws should provide powers for the EC to institute legal proceedings against parties who have made false accusations concerning them.

"Another power that is lacking is the power for the EC to sue. When people say the wrong things, we should be able to sue.

“A lot of scandalous things have been thrown (said), including (those made by) the media, mainstream or alternative.

"They must be made to pay for the things they said because most of the things they said were not right, not correct,” said Abdul Rashid, who has been involved in organising elections in Malaysia in the past three decades.

In his 40-minute speech, Rashid also dropped a bombshell by revealing that the cabinet was behind the decision to scrap the use of indelible ink during the March general election.

However, he was made to shoulder all responsibilities as the result of that including numerous accusations from political parties and NGOs as well as a vandalism attack on his house.

The seminar entitled ‘National Seminar on Election 2008: Democracy at work’ was organised by the Electoral Studies Research Unit in IIUM.