The Malaysian Insight

A PROMINENT lawyer linked to Bersatu today called for the rejection of conditions set by the police that require permits for door-to-door campaigning in the Tg Piai by-election.

Haniff Khatri Abdulla questioned the enforcement of these conditions, which were set by the local police in the middle of the by-election campaigning period.

“You cannot change the law halfway during the by-election; they should have tried to implement this either before the by-election or in the next by-election,” he told The Malaysian Insight, adding that this could adversely affect election campaigning already under way.

He added that putting the police in charge of this would leave the door open for them to be accused of bias.

“If they enforce (this) law on a particular candidate, the politicians will say that the police are being one-sided. This is not right,” he said.

He said that the police should not go beyond the scope set out in the Elections Offences Act 1954, whereby police permits are only necessary if a candidate is organising a meeting, rally or if speeches or lectures are involved.

Door-to-door campaigning is not covered under this requirement, and the short campaigning period makes it unreasonable for candidates to wait for permit approvals.

Haniff, however, empathised with the Election Commission (EC) on the decision, saying that many people have alleged that there were instances of vote-buying and other offences that do not fall under the powers of the EC.

“With these allegations, the EC does not have the power to investigate. It’s for the police to investigate when someone makes a report.

“People are blaming the EC for all these offences but it actually comes under police jurisdiction. So, I sympathise with the EC and its chief, Art Harun, on this,” he said, referring to EC chairman Azhar Azizan Harun.

Yesterday, opposition leader Ismail Sabri Yaakob had also slammed the new rules.

The Umno leader had said this had never happened in the past, when permits were only required for ceramah.

Today, he said the opposition was mulling legal action over the new regulation.

Petaling Jaya MP Maria Chin Abdullah also criticised the new requirement, calling it a “bureaucratic procedure” that would only curb candidates’ rights.

“To impose another bureaucratic procedure, ie, permit for door-to-door campaigning, is totally unfair to candidates and curbs freedom of mobility and expression,” she told The Malaysian Insight.

She said the police should not interfere in the election process as it could make the campaign period more tense.

“I don’t think the police should interfere in the election process… Circumstances are (already) tense due to the short campaigning period. Candidates also have to obtain permits to have talks and hang up posters,” Maria said. 

The former Bersih 2.0 chairman also called for all permits to be abolished during campaigning periods.

“Instead, a letter of notice should suffice and would not only cut all red tape, but uphold the right to organise and campaign.

“Rules can’t be changed in the middle of any games or election, in this case. The police have to take full responsibility for their interference.”

The new police ruling states that walkabouts and door-to-door canvassing were considered “mobile” campaigns and, as such, the police must be informed of the time and location of these activities so that they can be monitored.

Campaigning for the Tg Piai by-election began on November 2. Polling will be held this Saturday. – November 13, 2019.