In the last two parliament sessions, I proposed a motion of no confidence against the six Election Commission (EC) members – Tan Sri Othman Bin Haji Mahmood, Dato’ Md Yusop Bin Haji Mansor, Datuk Haji Abdul Aziz Bin Khalidin, Haji Sulaiman Bin Haji Narawi, Dato’ Bala Singam A/L Karupiah, dan Dato’ Leo Chong Cheong – and urged them to resigned.
The government was also in the midst of setting up a constitutional tribunal to have them remove. The reasons for these were obvious. The former EC members have failed to uphold the integrity of our electoral system and process, especially during the 14th General Election (GE14).
Fortunately, the six EC members agreed to resign and their term officially ended on 1 January 2019. Together with the resignation of the former EC Chairperson – Tan Sri Hashim Abdullah – last year, Malaysia can now have a completely new and fresh set of EC.
More importantly, as we bid the former EC members good riddance, the EC is now vacant, except for the Chairperson position. This means there will be an appointment of new EC members soon.
This is an issue of utmost importance because the new EC will play a key role in steering electoral reform in Malaysia. In addition, the new EC will be overseeing all future elections – any upcoming by-elections, the Sarawak state election (which is due by 2021), and, in the longer term, the 15th General Election.
Under Article 114(1) of the Federal Constitution, the EC is appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers. However, under a constitutional monarchy system, the Yang di-Pertuan Agong has to act in accordance with the advice of the Prime Minister and the Cabinet, as provided in Article 40(1) of the Federal Constitution.
Needless to say, this is neither a very robust nor transparent process. In fact, Barisan Nasional (BN) had previously abused it to their favour. The former EC chairperson, for example, was the former private secretary of Tan Sri Annuar Musa, a longstanding member of Umno’s supreme council.
Legally, the Prime Minister and Cabinet will still have the final say, but there is no reason to keep the process leading up to that decision behind closed-doors. The appointment of the new EC members must be based on a more thorough and democratic process.
How can we achieve this? The parliament has recently set up six new Select Committees, including the Select Committee on Major Public Appointments (MPA). The government must ensure that the appointment of the new EC goes through this committee.
The government and Select Committee on MPA should jointly announce the vacancy of the EC and make an open call for nominations. Any individuals or organisations should be allowed to nominate potential candidates.
To make it more robust, the MPA Select Committee can develop certain guidelines. For example, they can outline the qualification criteria of nominees or require each nomination to be supported by a certain number of citizens via a petition.
Thereafter, the MPA Select Committee should sieve through and shortlist the nominations.
The committee must then hold public hearings where shortlisted nominees can make statements and answer questions. Members of public must also be allowed to make formal representations either to support or object the nominations based on valid reasons.
Finally, the Select Committee on MPA will determine and recommend a final list of nominees, based on the feedback from the public hearing. The committee must state publicly the basis of their recommendation.
The nomination should then be tabled in the Dewan Rakyat. Once passed, the Prime Minister can present it to the Yang di-Pertuan Agong for official appointment.
Such a robust process will ensure that we will have a strong EC with the necessary expertise and independence. The EC will also enjoy greater public confidence because their appointment is subjected to greater public involvement and scrutiny.
In the long-run, the government should institutionalise these processes into law so that it will become a permanent feature of our democratic system, which will ensure that the EC will never be manipulated again.
Khoo Poay Tiong
MP for Kota Melaka
