THE Coalition for Clean and Fair Elections (Bersih) today reiterated that cash handouts or the giving of anything valuable during elections is bribery.

The Bersih steering committee said eradicating this malady requires not only the consistent enforcement of the Election Offences Act 1954 (EOA), but also the enactment of the Political Financing Act.

It also said that there must be a permanent parliament standing committee set up to scrutinise the election system and process.

“What this means is that any cash or anything valuable given to voters during an election period to influence a person to vote for or refrain from voting is a form of corruption.

“It does not matter if the act was done directly or through a third party, it is bribery,” it said in a statement. 

Bersih was referring to the statement by PAS president Abdul Hadi Awang who stated that cash handouts by the public during election campaigns is a form of charity and not bribery.

It said that although the giving of alms has become part of our culture in Malaysia, the giving of cash or anything valuable during elections can be considered as an election offence of bribery.

“The statement by Hadi that only candidates and their agents are forbidden from giving handouts is not in line with section 10 (bribery) of the EOA. 

“The Act states that every person before, during and after an election, who directly or indirectly gives cash or anything valuable, can be considered as having committed the offence of corruption.”

Yesterday, Malaysian Anti-Corruption Commission (MACC) chief commissioner Azam Baki said a bribe is a bribe no matter how one chooses to describe it, adding that the Act is clear on what constitutes as vote-buying.

Azam said section 10(a) of the Act defines in detail acts of bribery before, during and after elections, adding that it did not matter whether the crime was committed directly or indirectly, meaning by the candidate himself or by a representative on his behalf.

Hadi has come under fire for insisting that he had not broken the law in handing out cash during an election campaign. He said this was because it was charity, not bribery.

Bersih said that while the law clearly states that this is an offence, the authorities, be it police or MACC, need to investigate and the attorney-general needs to charge the people involved. 

It said that Hadi’s statement is an admission that money was given out during the general election as a “charity”. 

“The court should be given the opportunity to give their interpretation in this matter.

“Bersih wishes to put on record several other actions that can be regarded as election offences under sections 8 (treating) and 10 (bribery) of the EOA during GE15. Our full report will be released shortly.”

It said that besides the enforcement of the law, especially the EOA, to curb corrupt practices during elections, proactive measures by the government and parliament to enact the PFA should not be further delayed.

“The PFA has been discussed since the administration of four former prime ministers. The bill should be reviewed by a parliamentary committee that takes in the considered views of key stakeholders as well as the public.

“Bersih proposes that a permanent Standing Committee on Electoral Matters and Multiparty Democracy be established in this coming February sitting of parliament so that the long-awaited political funding bill that has been hidden from the scrutiny and feedback of the public could be reviewed by the committee.”

It added that drafting and tabling of the political funding bill should not be delayed because it would give the perception to the public that this government is not serious in addressing the problems of election bribery.

This, it said, includes money politics and the warped perception that any investigation against the opposition for corruption is politically motivated and a witch hunt because the attorney-general has the power to prosecute. – January 25, 2023.