IN the last two Parliament sessions, I proposed a motion of no confidence against six Election Commission members – Othman Mahmood, Md Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, Bala Singam Karupiah and Leo Chong Cheong – and urged them to resign.

The government was also in the midst of setting up a constitutional tribunal to have them removed. The reasons for this were obvious. The former EC members had failed to uphold the integrity of our electoral system and process, especially during the 14th general election.

Fortunately, the six agreed to resign, and their term officially ended on January 1. With that, along with the resignation of then EC chairman Hashim Abdullah last year, Malaysia can now have a completely new EC.

More importantly, as we bid the former EC members “good riddance”, the commission is now vacant, except for the chairman’s position. This means there will be the appointment of new 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, it will oversee all future elections – by-elections, the Sarawak state polls (due by 2021), and in the longer term, GE15.

Under Article 114(1) of the federal constitution, the EC is appointed by the Yang di-Pertuan Agong after a consultation with the Conference of Rulers. However, under a constitutional monarchy system, the Agong has to act in accordance with the advice of the prime minister and cabinet, as provided for in Article 40(1) of the constitution.

Needless to say, this is neither a robust nor transparent process. In fact, Barisan Nasional previously abused it to the pact’s favour. The ex-EC chairman, for example, used to be private secretary to Annuar Musa, a long-time member of the Umno Supreme Council.

Legally, the PM 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 new EC members must be based on a thorough and democratic process.

How can we achieve this? Parliament 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 vacancies in 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 Select Committee on MPA can develop guidelines. For example, it can outline the qualification criteria for nominees, or require each nomination to be supported by a certain number of citizens via a petition.

Thereafter, the Select Committee on MPA should sieve through and shortlist the nominations.

It must then hold public hearings, where shortlisted nominees can make statements and answer questions. The public must also be allowed to make formal representations, either to support or object to the nominations.

Finally, the Select Committee on MPA can determine and recommend a final list of nominees, based on the feedback received in the public hearing. It must state publicly the basis of its recommendations.

The nominations should then be tabled in the Dewan Rakyat. Once passed, the PM can present it to the Agong for official appointment.

Such a robust process will ensure we have a strong EC with the necessary expertise and independence. The commission will also enjoy greater public confidence because its appointments are subjected to greater public involvement and scrutiny.

In the long run, the government should institutionalise such processes into law so that they become a permanent feature of our democratic system, which will ensure the EC is never manipulated again. – January 5, 2019.

* Khoo Poay Tiong is Kota Melaka MP.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.