Is the Election Commission the most anachronistic and antiquated agency which goes against the government’s “Live with Covid” theme marking the transition of Covid-19 pandemic to an endemic and leading to the opening up of the country and economy?
Malacca is in Phase 4 of the Covid-19 Pandemic National Recovery Plan and Sarawak is in Phase 3 of the Plan.
There should be different election SOPs for Malacca and Sarawak, just as there should be different sets of election SOPs for the four different phases of the Covid-19 Pandemic National Recovery Plan.
Or does the Election Commission just want to impose a total ban on all physical campaigning for the general election, whether in Malacca, Sarawak or the forthcoming 15th National General Election to benefit the government parties but to the detriment of Opposition parties?
Has the Election Commission any responsibility to ensure that the Malacca and Sarawak General Elections are conducted in a “free, fair and clean” manner, instead of allowing any form of abuse of power and corrupt practice to be used in the election?
Lawyers have said that the Health Ministry’s blanket ban on events related to the Malacca state general election was against the law and that the government should instead allow any activities where physical distancing was possible.
The co-chair of the Bar Council’s Human Rights Committee, New Sin Yew, for instance, argued that the total ban on any election gatherings during the campaign period would be contrary to the legal rights given to Malaysians under the Federal Constitution and the Election Offences Act.
New also said the Health Ministry’s blanket ban “is disproportionate and arbitrary given that most economic sectors and social activities have been relaxed all over the country.”
Lawyer Andrew Khoo said that the Election Commission’s (EC) standard operating procedures for the Malacca state general election should facilitate “genuine democracy”.
He said: “The EC’s eventual SOPs should not prohibit in-person rallies and campaigning. SOPs should continue to be along the lines of masks and safe-distancing in open-air ceramahs. Indoor meetings should also follow current SOPs for indoor gatherings.
“The EC’s SOPs should not and do not need to prohibit the exercise of democracy.”
I agree with these lawyers and hope that it would not be necessary to go to the courts to test this important principle in the Federal Constitution and the laws.
(Media Conference Statement by DAP MP for Iskandar Puteri Lim Kit Siang at Pengkalan Batu, Malacca on Sunday, 7th November 2021 at 11 am)
