THE Coalition for Clean and Fair Elections (Bersih 2.0) views with great concern the overzealous enforcement action taken by the police in imposing heavy fines on political parties and candidates in the Malacca state elections for alleged violations of Covid-19 SOP under the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (National Recovery Plan) Regulations 2021 (NPR Regulations).
 
The latest incident where an individual in Alor Gajah was slapped with a fine of RM4,000 for “holding election campaign by wearing a jacket bearing Pakatan Harapan logo” is just ridiculous and overboard.

This came on the back of another report that the Ministry of Health (MOH) and police “raided” a PH presidential council meeting in Malacca and only backed down when it was shown that party meetings are allowed under the EC’s guidelines.

It only goes to show that these restrictions and fines are no longer about managing Covid-19 but a suppression of the election campaigns as a whole.
 
An election is not only the act of casting ballots on the polling day. It encompasses  the entire process of campaigning where candidates and political parties present themselves to the voters for the voters to make an informed choice.

The overzealous actions by MOH and the police have effectively banned the election and suppressed democracy.
 
Bersih 2.0 is of the view that such actions are in violation of Article 8 and 10 of the Federal Constitution on freedom of assembly and freedom of speech, and in contravention of the Election Offences Act 1954, whereby pursuant to Section 24B, candidates may hold, convene or organise any open public meeting, open public rally, open public display or open public entertainment or give any open public address or open public lecture in the constituency that the candidate is contesting.
 
Bersih 2.0 has in our previous press statement stressed that while precautions must be taken to avoid the spread of Covid-19, a total ban on election campaigns  is not the solution as it undermine free and fair election.

There are many suggestions proposed by Bersih 2.0 on how coming out with election SOP that complies with Phase 4 of the National Recovery Plan’s guidelines provide alternatives to campaigning such as equitable media access by all candidates regardless of parties.
 
Bersih 2.0 is further disappointed with the lack of initiative  and pro-active steps by the Election Commission to facilitate and provide for a safe campaigning for Malacca.

It is even more disturbing that the election is now seen to be “managed” by MOH and the police, when it is the Election Commission that is constitutionally entrusted with conducting elections in this country.
 
Bersih 2.0 strongly objects to the total ban and overzealous enforcement and fines imposed on candidates and anyone campaigning in Malacca.

We call for the total ban on physical campaigning be uplifted and clear guidelines that are in compliance with Phase 4 of the NRP be provided in the last week of campaigning.
 
Bersih 2.0 also calls for all candidates and their teams to be responsible at all times to strictly comply with the face masks and distancing rules during campaign.

Parties should also take advantage of the #SuaraUntukSemua initiative by Bersih  2.0 and our media partner, Astro Awani, Sinar Harian and Sin Chew Daily, to get TV, printed media and social media coverage for their campaigns.
 
• Article contributed by the Steering Committee of Bersih 2.0

* 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.