Raising in Parliament of the issue of PM Najib’s promise of RM5 million for flood mitigation project to Sibu folks during the by-election in Sibu by DAP Sarawak MPs is strategic and has put the PM/BN and Speaker in a dilemma difficult to wiggle out.

First of all, referring the PM to Parliamentary Rights and Privileges Committee (“PRPC”) is over the issue of “inconsistency” – a thing apart from separate issue of whether his promise constitutes corrupt act and criminal offence within meaning of Elections Offences Act, 1954.

Elsewhere in an earlier thread on why MACC dared not the PM on this matter (filed on May 21st ) I have already explained why by the 1981 Federal court case between DAP’s Teoh Teik Huat & MCA’s Penang Chief Lim Kean Siew over the Pengkalan Kota seat it was already laid down as law that promising development funds to a class of voters (as what Tengku Razaleigh as Finance Minister did in that case) is not an offence under the Elections Offences Act.

However although it is not a “criminal” offence under that Act, yet the act by the government of withholding development funds – to which the constitutency is entitled, whether or not they vote for the ruling coalition – until by election or election time to promise dispensation of these funds constitutes bad faith not in accord with best democratic practices for reasons that it:-

(i) smacks of using financial inducement to “bribe” voters to vote for ruling coalition’s candidate not based on candidates’ merits but on funds that the voters are entitled to anywhere as of right rather than a privilege in exchange for voting the ruling coalition’s candidate; and

(ii) puts Opposition on unlevel playing field since it has not the access to Federal development funds.

So to distance the PM from allegations levelled at him personally for skating at the “edge” of corruption by the Elections Act or being undemocratic and unethical in respects of (i) and (ii) above, the position is taken to disclose in Parliament (1) PM had not personally/specifically promised any project (including the RM5 million flood mitigation project to Sibu folk during the by-election in Sibu) and (2) there were already 107 projects and programmes collectively worth RM37.7 million prior approved designated for the recent Sibu by-election. This of course does not help.

In respect of (1) what the PM said in Parliament is blatantly inconsistent with what is shown in YouTube supported by all who heard his Rejang Park’s speech. In so doing and trying to deny the undeniable, he gets out of the boiling pot to hot pan – because he is now charged with misleading Parliament – which is contempt of Parliament if so determined by the PRPC. He’s likely to get off here because BN MPs dominate by majority Parliament as well the PRPC. This means he would referred to PRPC, and even if he were, PRPC would likely exonerate him.

The main point achieved (politically by DAP) (beside the PM’s charged for misleading Parliament) is that neither he nor the BN will, from such disclosure of pre-approved projects including 66 “cash items”, wiggle out from censure and rebuke. For such disclosure confirms rather than rebut allegations of undemocratic malpractices from standpoint of (i) and (ii) above stated (even though they might not, strictly by the 1981 Federal Court case, constitute technically an election offence).