LAWYERS are uniquely positioned to prevent fraud if they serve as election agents on polling day due to their familiarity with the law, two of them said in welcoming the suggestion by former Bar Council president Ambiga Sreenevasan.

“I think involving lawyers, who are no strangers to confrontation and dispute resolutions, in the electoral process is a very good idea,” said Lim Wei Jiet, deputy co-chairman of the Malaysian Bar’s constitutional law committee.

“Practically, lawyers interested in contributing to the integrity of our electoral process should engage groups like Tindak Malaysia and Bersih 2.0 who are familiar with the procedures involved and are able to provide training,” Lim said.

Ambiga on Wednesday had called for lawyers to serve as polling, counting and barung (booth) agents or ‘Pacabas’ in the 14th general election (GE14).

Electoral reform group Tindak Malaysia has said there is a need for electoral agents to prevent fraud and is targeting to train more than 150,000 Pacabas.

Ambiga had also spoken of her experience as co-chairperson of Bersih, a civil society group advocating for free and fair elections during the 2013 elections.

“Some of the seats were lost because they (election agents) were not asserting the rights of their candidates,” said Ambiga, who current heads the National Human Rights Society (Hakam).

“This is a suggestion to Tindak (Malaysia) and other groups who are training (election) agents, train lawyers! If there are lawyers who are prepared to do it, you should volunteer,” she said.

There are currently 21,000 practising lawyers in Peninsular Malaysia, according to figures from The Malaysian Bar.

“I think this is a timely call for lawyers to be election agents particularly in monitoring whether these particular provisions under the law has been infringed or not,” said human rights and constitutional lawyer Abraham Au.

“If an offence has been committed then, he or she can immediately point out on the spot to correct it rather than wait for the whole thing to be over and then you have to go through elections petitions and all that.

“Election petitions can be done after the election but it always better to nip it in the bud. It’s far tougher if things are done in the aftermath,” Au said.

Lawyers would be more familiar with the election offences that could happen during the election campaign.

Polling regulations as well as the prevention of electoral offences or illegal practices are governed by the Elections (Conduct of Elections) Regulations 1981 and the Election Offences Act 1954.

“Lawyers are more acquainted with the election laws. A lawyer would know that there are constitutional principles that have to be complied with redelineation (exercise) after Schedule 13.”

On whether it would be realistic to have enough lawyers to help with the effort, Au said, “I don’t think that is an issue.

“It actually depends whether they are willing to put in the time or not, because lawyers are always saddled with cases.”

“But I don’t think that should be an excuse. This is a calling, and in fact this is something required of us under Section 42 of the LPA (Legal Profession Act), which is to uphold the cause of justice without fear or favour,” he said.

“And even if only 2% of election agents consist of lawyers, I strongly believe that it would make a real difference,” Au added.

GE14 must be held latest by August 23, 60 days after the automatic dissolution of Parliament on June 24.

A total of 222 parliamentary seats and 505 state seats. excluding Sarawak’s, will be contested. – February 23, 2018.