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Saving Parliament from the EC

I COULD not believe the Election Commission (EC)’s admission that 228 (0.35%) voters had been transferred out of the Hulu Selangor parliamentary constituency to the neighbouring Selayang parliamentary constituency.

Now, it is not news that voters get transferred involuntarily — you may even call it voter trafficking or abduction — from their neighbourhoods to faraway unknown constituencies. And unlike in the science fiction television show The X-files, we can easily guess why some political actors on earth would want their opponents’ supporters to disappear. For example, if the 228 voters were Pakatan Rakyat supporters, then their “forced migration” to neighbouring constituencies would certainly increase Barisan National (BN)’s chances of recapturing Hulu Selangor. After all, the BN lost by a marginal 198 votes (0.45% of the total valid votes) in 2008.

Like The X Files, however, we might never know how such things could have happened. Did extra-terrestrial life forms file in false applications on behalf of these voters to be transferred elsewhere? Did alien life forms or some earth-bound hackers simply mess up the EC’s database? There has never been an official explanation thus far.

For the first time in history, however, we have an indication that this could have been done by the EC. The EC has offered both an “innocent” explanation and an apology for not informing the affected voters in advance.

The “smaller” mistake


228 voters living in Kampung Tanjung of Batang Kali are actually voters for
Rawang state and Selayang parliamentary constituencies

The innocent explanation was that the 228 voters who live in Kampung Tanjung of Batang Kali are actually voters for the neighbouring Rawang state and Selayang parliamentary constituencies. This was apparently determined since the last constituency redelineation in 2003. If this is true, however, how could the voters have continued to vote in Hulu Selangor for two successive general elections, in 2004 and 2008?

Apparently the EC itself was not aware that the 2003-drawn boundary had relocated Kampung Tanjung from Batang Kali (state constituency) in Hulu Selangor (parliamentary constituency) to Rawang (state constituency) in Selayang (parliamentary constituency).

EC deputy chairperson Datuk Wan Ahmad Wan Omar said, “We have made the adjustment based on the Geographic Information System (GIS) which indicates that the particular village at the border is not part of the Batang Kali constituency in Hulu Selangor.”

Now, electoral districting — like administrative districting — is not mere division of land. This is not farming. You don’t cut the territory into smaller pieces and then plant people like farmers plant crops.


A set of matryoshka Russian nesting dolls (public domain | Wiki Commons)

In democracies, political districting should first identify where the people are and then only divide the land into meaningful or manageable political units. Within a reasonable external boundary like a state or city, districting should be a bottom-up process. Smaller units should first be delimited after public consultation before they are grouped into larger units, like Russian dolls.

In contrast, districting can be much simpler in colonial or authoritarian settings. The people will not be consulted on how they should be politically organised into geographical units. The rulers just see land, not people.

That’s how the neat geometrical boundaries — some merely based on longitudinal or latitudinal lines — of some African countries and some US states came into being. That’s also how the Johor-Riau Sultanate was partitioned into two, to prepare for colonisation by the British and the Dutch respectively. 

Back to Hulu Selangor. The problem with the EC in 2003 was not the absence of GIS technology, but the absence of consultation with the electorate.

Clearly, the EC officers simply drew up the constituency boundaries without consulting the stakeholders, the same way many colonial mandarins drew up boundaries for their colonies. Take note that the Thirteenth Schedule of the Federal Constitution requires the EC to publicise their proposal and invite public input.

If the EC had done that in Hulu Selangor before submitting the 2002 constituency delineation proposal to Parliament, surely the body would have found out where Kampung Tanjung was on the electoral map.

Voter standing amidst flags
The EC should apologise for their colonial-like attitude and top-down operation

The EC should therefore first apologise for their colonial-like attitude and top-down operation in the last constituency redelineation exercise. The then commissioners and director of the Selangor EC should in fact assume responsibility for this blunder and resign, if they have not retired by now.

And yet, this is only the EC’s smaller mistake.

The larger mistake

The EC’s larger mistake is its attempt to “correct” the “innocent” mistake by transferring the 228 voters back to Selayang. In doing so, it has usurped Parliament’s powers and violated the Federal Constitution.

The thing is, once a citizen is enrolled to vote in a particular parliamentary constituency, he or she can only be transferred to any other constituency in two ways.

The first method, as provided by the Elections (Registration of Electors) Regulations 2002, is through voluntary requests by voters. The EC has a right to approve or deny such requests by voters. However, it cannot unilaterally transfer a voter out to another constituency.

The second method, as governed by the Federal Constitution’s Article 113 and its Thirteenth Schedule, is through constituency redelineation, which should happen every eight to 10 years. While a redelineation proposal needs only a simple parliamentary majority, it is nevertheless a power exercisable by Parliament and not any other body.

Constitutionally, there is no other way to remedy the inclusion of the Rawang voters in Hulu Selangor but to wait for the next constituency redelineation exercise, which may begin in March 2011.

According to Wan Ahmad, the transfer was made two weeks ago as part of an ongoing nationwide exercise to accurately plot localities according to the GIS.

But in the case of Hulu Selangor, such an amendment is itself another violation of law. According to Section 9 of the Election (Registration of Electors) Regulations 2002, the electoral roll used in a by-election must be the one certified before the vacancy occurred. And so, how could the EC have used an uncertified roll for its actions in Hulu Selangor?


Mistakes made by the EC (Matryoshka dolls pic: public domain | Wiki Commons)

Now, why is the EC so hasty to correct its mistake that it does not mind breaking its own by-law to violate the constitution and usurp Parliament’s powers? Is it so desperate to rig the election through illegal gerrymandering? Is it that it does not understand the constitution and by-law, as it appears not to understand the democratic values in constituency redelineation?

In either case, can we trust our elections to the EC?

Whoever ordered the transfer should be both investigated by the police for breaking the law and by Parliament’s Rights and Privileges Committee for contempt of Parliament.

The tragedy is that a motion to debate the matter in Parliament, whose very own power was usurped, was actually rejected by unelected Speaker Tan Sri Pandikar Amin Mulia.

So, who will save our Parliament from the EC? The Hulu Selangor voters? favicon


Wong Chin Huat is a political scientist by training and a journalism lecturer by trade. He is proud to be a member of the civil society, non-politically aligned, coalition for electoral reform, Bersih 2.0.

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5 Responses to “Saving Parliament from the EC”

  1. Leithaisor says:

    Can anyone be faulted for going, “PTUI! Blardy gomen!” when the EC [uses] flimsy excuses like “avoiding congestion” and “adjustment based on GIS”?

    Just what sort of GTP, KPI and 1Malaysia rubbish is this?

    You don’t need to pay RM77m to be told that no way could such gerrymandering pass for “people first, performance now”, unless the “people” in question are only those from a certain political party, and the “performance” is measured by a less than noble index!

    Najib, for all the costly public relations exercises and sugar-coated pronouncements that have been gushing ad-nauseam since you became PM, is it not evident to you that the truth is your 1Malaysia and all its anak-anak have become the butt of much derision and is more of 1BigJoke?

    Greg Lopez put it this way in his recent Malaysiakini piece:

    In academic circles, Malaysia is categorised as a dysfunctional democracy.
    In this context, the electoral process is used to legitimate the BN’s
    authoritarian rule and not as a means to elect a representative government.

    Government strictures limit the ability of Malaysians to make an informed
    decision and opposition parties to compete on equal footing. Despite these
    limitations, electoral competitions throw surprises as reflected in the
    third, eighth, tenth and twelfth general elections.

    In preparing for the thirteenth general election, it is important to
    identify the key factors that create these surprising electoral results. The
    analysis of Malaysia’s history of electoral competition raises several key
    focal points that Malaysians should be aware [of].

    BN’s 53 year rule has destroyed the concept of “separation of powers”, the
    hallmark of a [healthy] democracy. Hence, Malaysians cannot appeal to an
    impartial judiciary to interpret the constitution; a police force to
    impartially enforce the rule of law; a professional civil service that acts
    in the interest of the nation; or the media to provide a balanced view of
    the issues.

    Source:

    How Pakatan can beat BN at its own game
    http://www.malaysiakini.com/news/129670

    What a legacy from the mighty Umno-dominated BN – “dysfunctional democracy”. Malu lah.

    Is the government going to take steps to censure the EC over its recent action in violation of the law, and take steps to reverse the misdeed and prevent any repeat?

    Or will the government wait for BERSIH to file its lawsuit against the EC?

    The credibility of the government is already deep down in the stinking mud level. And no costly PR outfit is going to be able to help when the actions belie the sugar-coated propaganda.

    Like Lincoln said – “You cannot fool all the people, all the time!”

  2. kahseng says:

    (1) In the Permatang Pauh by-election in July 2008, EC hastily deleted anyone older than 100, apparently to avoid an obvious source of embarrassment. But that also started a history of not having proper procedure and gazetting requirement. See
    http://malvu.blogspot.com/2008/08/permatang-pauh-lost-25-centenarians.html
    http://malvu.blogspot.com/2008/08/whats-rush-to-use-undisplayed.html
    http://malvu.blogspot.com/2008/08/permatang-pauh-by-election-which.html

    (2) SPR/EC has become more and more vague and tardy about its electoral roll for by-elections. In its last press releases, it doesn’t even mention a date any data was gazetted/certified, only that it is “updated” (kemaskini) to March 26.
    See page 5 of http://www.spr.gov.my/index_files/artikelweb/KENYATAANAKHBAR_PRKP094.pdf
    http://malvu.blogspot.com/2009/03/spr-sinks-further-into-opacity-and.html

    (3) SPR/EC’s by-election voter checking website has stopped publishing even this date of “update”, leaving no date for the data except today’s date.
    http://daftarj.spr.gov.my/prkp094

  3. lizziewong says:

    Who exactly will save us from the impending doom?

    For as long they keep the people poor, marginalised, uneducated and every now and then give them a few goodies, they will secure their position. For as long as there is money to be used to ensure the loyalty of those in strategic positions, there is no hope for Malaysia. For as long as people are willing to trade their dignity and honour for crumbs the nation will continue to suffer.

    Perhaps we wait till the oil well is dry, or when there is reverse migration so that those who know the truth will start to live amongst the ignorant. The task to push back the tide seems so insurmountable.

    People need to rise up and change, one at a time.

  4. aca says:

    EC, is that Islamic?

  5. Ritchie says:

    Gerrymandering is a culture and tradition of the Malaysian Election Comission (EC). It seems that the EC is an ‘unofficial’ candidate in Hulu Selangor, and its sole aim is to wire or rig the election in the Barisan Nasional’s favour. Such practices have been going on for the past three general elections, and it is time for the people to stand firm and end such a blatant crime.


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