MALAYSIAN Anti-Corruption Commission (MACC)  chief commissioner Azam Baki is reported to have said that the anti-graft agency will not issue new guidelines on handouts before elections. 

There is no need to do that, Azam said, because of the existence of the Election Offences Act 1954 (Act 5).

We inherited many good laws from colonial times, one of which is the Election Offences Act 1954 (Act 5). Part III is on corrupt practices and provides for the offences of “personation” (section 7), “treating” (section 8), “undue influence” (section 9), “bribery” (section 10). The last provision in the part is on “punishment and incapacities for corrupt practices” (section 11).

Part III has remained the same except for amendments in 2002 so that it shall be corrupt practice if one were to commit the offence of treating, undue influence and bribery “before, during or after an election”. The amendments also enhance the punishment under section 11.

Each of the provisions on corrupt practices is not only broadly but clearly worded.

The act was last enforced very recently on June 27 when the Terengganu Election Court nullified the victory of Ahmad Amzad Hashim of Perikatan Nasional in the 2022 general election.

Election Judge Mohd Firuz Jaffril ruled that the petitioner, Barisan Nasional candidate Mohd Zubir Embong, had succeeded in proving that corruption had taken place with the aim of influencing voters.

Election candidates can take advice on corrupt practices under the Election Offences Act without guidelines from the MACC. 

Guidelines are not the law. The Election Offences Act is. – August 1, 2023.

* Hafiz Hassan reads The Malaysian Insight.