Is it in our culture to overstay welcome?

So soon after our former Chief Justice extension saga, our Election Commission Chairman is expected to have his term extended so that he can be in charge of the impending General Elections. He is reported to have said that he is willing to serve even after retirement! It can only reinforce our perception that he has been the mastermind in election rigging after all.

Our government seems to taunt and test our patience in view of their 90% majority in Parliament.

From Kim Quek in Malaysia Today:

"Almost by stealth, the government has just quietly introduced a constitutional amendment that will have an important impact on Malaysia’s course of history. On Nov 20, minister Nazri Abdul Aziz tabled for first reading the Constitution (Amendment) Bill 2007 that seeks to extend the retirement age of members of election commission (EC) from 65 to 66. This bill will be tabled for second and third reading on Dec 11.

This lightning move to amend the constitution is obviously to enable current EC chairman Rashid Rahman - due for mandatory retirement on coming Dec 31 when he reaches 65 - to preside over a critical general election that may take place soon.

Rashid is a virtual UMNO functionary, having faithfully served to advance the political fortunes of UMNO led coalition Barisan Nasional through unabashed gerrymandering at every constituency re-delineation exercise in the past few decades. Our memories are still vivid of his shameful conduct as EC chairman in the Ijok by-election in April 2007 – an election so scandalised that it rendered election Malaysian-style meaningless. Apart from committing every election sin imaginable in that by-election, BN’s open and massive bribery - spending tens of millions of public funds on a constituency of only 12,000 voters in a matter of days prior to polling – was virtually crying out for punishment. And yet, in the face of such blatant challenge to his authority, EC chairman Rashid not only failed to blow the penalty whistle as an umpire should, but instead had abetted the crime by endorsing such bribery as legitimate government expenses."

Since we have short memory, from Malaysiakini:

Bersih to EC: Here’s the proof!
March 29th, 2007
Andrew Ong

While Election Commission chairperson Abdul Rashid Abdul Rahman claims that his detractors have ‘no proof’ of the commission’s faults, election reform movement Bersih said he had ignored the obvious. Bersih, comprising 26 NGOs and five opposition political parties, today listed several recent glaring election irregularities:

· Releasing electoral rolls to candidates three days before polling
· Releasing electoral rolls to candidates that are starkly different from the ones held by EC officials at polling centres
· Not publishing electoral rolls for public scrutiny prior to the general elections Missing ballot papers in the Kuala Terengganu and Lumut parliamentary seats
· Existence of non-citizens in the electoral roll during the 2001 Likas by-election

Judicial review

Furthermore, Bersih pointed out that several allegations pertaining to the 2004 general elections brought up in a judicial review case initiated by Parti Keadilan Rakyat (PKR), also remains unanswered. Among the issues raised in the case were:

· Use of several versions of electoral rolls by the EC
· Allowing pondok panas (campaign booths at polling centres) at the last minute in contravention of the law
· The extension of voting time in Selangor up to 7pm
· The practice of writing the voter’s serial number on the counterfoil of the ballot paper
· Whether candidates could still run for elections if convicted but had an appeal pending (The application for judicial review was struck out after the attorney-general, representing the EC, argued that all challenges pertaining to elections had to be made in form of an election petition according to Article 118 of the Federal Constitution)

Insincere challenge

On March 21, Abdul Rashid claimed that his critics did not furnish proof that the EC was not transparent in its actions and challenged them to take him and the commission to court.

At a press conference in Kuala Lumpur this morning, Bersih committee member and PKR vice-president Sivarasa Rasiah said the challenge was not sincere as Abdul Rashid was well aware that the public could not take the EC to court.

Sivarasa said the government with the consent of the EC had on June 2002, amended the Election Act 1954 making the electoral roll “final and binding” - effectively removing all legal avenues to challenge the credibility of the roll.

“When he was in part responsible for immunising the electoral roll from any challenge in an election petition, why is Abdul Rashid asking his critics to take him to court?” asked Sivarasa, a practising lawyer.

Quoting the judgement in the Likas by-election petition in 2001, Sivarasa said the Election Court then had found the electoral roll to be tainted but the EC-initiated legal amendments in 2002 no longer allowed proper public scrutiny of the roll.

(I have not ruled out the possibility of a snap election in December to avoid all the hassle of extension if Rashid is so indispensable.)