A TRIBUNAL to investigate allegations of misconduct by former Election Commission members has reserved its decision whether to proceed as its findings may be rendered academic following the resignation of the men in question.

Retired Federal Court judge Steve Shim, who chairs the five-member tribunal, said this was because of the resignation of the six members of the EC effective January 1 this year.

Shim said the tribunal has two terms. First, to determine whether there was misconduct on the part of the former EC members and second, if there was, to determine whether they should be removed as commissioners.

Shim did not say when the decision will be made.

The six former EC members – Othman Mahmood, Md Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, Bala Singam Karupiah and Leo Chong Cheong – were present at the Klang court complex today and did not speak to the media.

The tribunal members were appointed by the Yang di-Pertuan Agong in accordance with Articles 114(3), 125(3) and 125(4) of the federal constitution to look into alleged misconduct by the six former EC members in the preparation and conduct of the 14th general election (GE14) last year.

The other four members of the tribunal, also retired Federal Court judges, are Zaleha Zahari, Suriyadi Halim Omar, Jeffrey Tan Kok Wha and Prasad Sandosham Abraham.

Bala Singam was represented by lawyer K. Kumaraendran while Leo was represented by R. Kengadharan. Othman, Aziz, Yusop and Sulaiman were represented by Shaharudin Ali.

Malaysian Bar counsel M. Puravalen and Lim Wei Jiet were appointed to assist the tribunal.

In his submission, Puravalen noted the tribunal’s findings may be rendered academic regardless of the outcome as the six men have already resigned. 

Shim acknowledged that the tribunal’s term was to seek their removal if misconduct was found.

“However, given the fact that these EC members have already tendered their resignation, the question arises as to whether it serves any useful purpose for the proceedings. 

“It has to be noted here that the tribunal is not tasked on informing on electoral laws and regulations.”

Federal counsel of the Attorney-General’s Chambers Kogilambigai Muthusamy told the tribunal that the proceedings would put on record the misconduct of the EC. 

“What is being challenged is the integrity of the EC, with respect with the election itself, and that it may affect future election and public confidence (in the role of the commission),” she said. 

Shim responded by saying that under its terms, it was not the tribunal’s role to effect legislative changes.

“When it comes to dealing with reforms of electoral matters, I believe there is already an established a committee for (institutional) reform.”

Shaharudin, while agreeing with Puravelan on the matter being academic, told the tribunal that it has “no business to terminate or sack or remove or fire” the former EC members as the Agong has already accepted the resignation.

When addressed by the tribunal on the use of the term “no business”, Shaharudin apologised for the “colloquialism” and said he meant to say jurisdiction. 

Five of the EC members resigned on October 18, 2018, a day after the government announced the setting up of a tribunal, while the sixth resigned on November 27.

EC chairman Mohd Hashim Abdullah, who was not mentioned in the tribunal, resigned on July 1, ahead of his tenure that was scheduled to end August 2020. 

Kumareandran later told reporters outside the court that today’s proceeding was a “waste of judicial time”.

“They knew the commissioners have resigned. They should have gone back (and) informed his majesty ‘look they’ve all resigned, there’s no necessity for a tribunal.” – January 28, 2019.