BY accepting the Election Commission chair, lawyer and critic Azhar Harun has not only taken on the task of refereeing Malaysia’s electoral process, he has also placed himself in the hot seat.

Outside the government, it was easy to challenge ideas and be vocal on issues. But now, here was the chance to work on actual reforms.

Initially hesitant about his new role, Azhar, popularly known as Art Harun, said he accepted it because he wished to walk the talk.

“I love what I do as a lawyer and as a person who is vocal on issues but I now have to adjust. Because of that, I was initially reluctant (to take up the post),” said Azhar.

“But people will say ‘he talks so much yet when we want you to do it, he doesn’t want to’. So that hit me.

“Now, I will just go in and do whatever and see how long I will last,” the 56-year-old told The Malaysian Insight in his first interview since his appointment was announced last week.

Azhar has written articles for the media and hosted video shows on legal and current political and national issues, and is known for being an outspoken commentator.

The news of his appointment as EC chairman was mixed; while he was praised for his qualifications and capabilities for the job, there were also questions as to why his appointment did not go through Parliament.

While the law as it stands allows for the appointments of commissioners for EC, Malaysian Anti-Corruption Commission, the national human rights commission (Suhakam) and other bodies, to be made by the King on the advice of the federal government, Azhar’s appointment was singled out because Pakatan Harapan had promised in its election manifesto that the prime minister’s power to influence the appointment of key officials to these commissions be reduced by requiring appointees to be vetted by parliamentary select committees.

Azhar said he would abide by the law when the PH government finally institutes the change to require these appointments to go through a parliamentary process.

“I don’t want to have to defend my own appointment. I also don’t want to comment on Pakatan Harapan’s manifesto as they are the government. 

“But I’m not aligned to any political party, or a member of one although I have helped both sides. I have helped BN and PH in election matters as a lawyer,” he said in the interview at his law office in Kuala Lumpur yesterday.

Aware of the perception battle ahead of him, Azhar promised not to be influenced by the government and to take responsibility for his own decisions.

“I will listen and I will give due consideration to everyone’s ideas but the decision will be mine.

“If it’s good for the country and the process, we will do it. If not, we can’t do it.”

Excerpts from the interview:

TMI: You have been a vocal critic in the past. Are you concerned about how the public will see you?

Azhar: That was the first thing that hit me when I was coaxed to take up this job. My first reaction was that I was doing all these things, how am I going to beat the perception? I am always conscious of that. 

But those (writings) were my thoughts as a private citizen and legal practitioner and I was exercising my freedom of speech. Perhaps, in doing so, I was on the edge.

Those days are over. I am now actually contributing to this new nation building. Now is the doing part.

I’m not saying that what I said in the past ought to be forgotten or that it carried no weight. What I said in the past was relevant when it was said. But now, I’m on the ground and doing the job with the trust that is placed on me. 

I’m now in the seat, so to speak, and I may find that certain things I said in the past was not correct after all. But I will be the first person to admit if it was incorrect. 

I don’t seek positions. I never wanted it. This hot seat aside, I’m a very private person. I love what I do as a lawyer and as a person who is vocal on issues. And now I have to adjust.

Because of that, I was initially reluctant. But then people will say “he talks so much, now we want you to do it, you don’t want to”. So that hit me. So I will just go in and do whatever I have to do and see how long I will last. 

But when I undertake a challenge I intend to do it well. If I find the job untenable, I won’t accept it. 

TMI: How will you handle it if there is government interference?

Azhar: I will engage with all stakeholders – NGOs, government and the opposition. I will listen and I will give due consideration to everyone’s ideas but the decision will be mine. The buck stops with me and I will have to make my own decisions after consulting my fellow commissioners and the operational people.

If it’s good for the country and the process, we will do it. If not, we can’t do it.

TMI: Some are saying that Parliament should have vetted you first. 

Azhar: I don’t want to have to defend my own appointment. And I also don’t want to comment on Pakatan Harapan’s manifesto as they are the government and I’m EC chairman.

But I’m not aligned to any political party, nor am I a member of any party, although I have helped both sides. I have helped BN and PH in election matters as a lawyer.

I am, however, a stickler for legal propriety and it is within the current constitutional framework.

Finally, if and when the procedural mechanism is put into place (when Parliament must approve EC commissioner’s appointment), I would be willing to be brought before parliament to let them decide whether I should continue or not. 

This is a huge task and I’m honoured and even grateful to KJ (Rembau MP Khairy Jamaluddin) for his confidence in my abilities. And I will do my best to do this task in accordance with the constitution and the laws.             

TMI: What will you bring to the EC?

Azhar: The EC has suffered in terms of its credibility in recent years. Some of the complaints are against the policies and others on operational aspects. I have looked at the complaints about 100-year-old voters on the rolls, for instance. And I have seen EC’s explanations where it said that it can’t strike off voters’ when there are no death certificates presented. Some of these are fair explanations.

And in the case of 40 voters to one address, there are areas where the whole neighbourhood or village uses the same address. And some times, this is done by the political parties and hence the allegation of improprieties. But the EC can’t go around asking these voters to change their address.

The EC’s operational capabilities are fine, but it is policies that concern me.

So, what would be the criteria for a good EC? For me, it would be efficiency, fairness and trustworthiness. I would like to enhance these values. –  September 25, 2018