The People's Tribunal on the 13th General Elections has concluded it's five days hearing after receiving 70 statutory declarations and hearing 49 testimonies of the Malaysian public.
Closing submission was presented by Professor Gurdial Singh Nijar yesterday, 27 September 2013.
A free and fair, a level playing field is intrinsic to all human beings. It is the will of the people who want one person one vote with the same weight.
People want a genuine election where their will are represented in choosing representatives of their choices.
How has the 13th GE been conducted?
The People Tribunal found that there have been lots of irregularities, manipulation and frauds.
The 49 testimonies attesting to irregularities and manipulation of different types namely in the area of:
1. Election law
3. Electoral roll
1. Election Law. The Law gives overwhelming
power to the EC (Election Commission) where there are areas which cannot be contested in the Court of Law. In other word, some grievances cannot be reviewed because the Law is all for EC, whatever their decision, it is final.
For example, I quote "The decision of the returning officer shall be final and conclusive for the purpose of the election in respect of which the proceeding are being held, and shall not be called in question in any court" (Elections Regulations 1981, 7 (5)).
Another example, the electoral roll after being published shall be final and binding and shall but be questioned or appealed against in, or reviewed, quashed or set aside by, any court. (Election Acts 1958 9A).
We have heard testimonies how EC have not acted professionaly and in a non partisan way. The EC Press statements had been bias and they spoke as though they were Government servants.
3. Electoral roll
The whole process of the election had lots of irregularities.
To begin with the electoral roll had leave much to be desired. We heard testimonies where there were 60 names in one house. Many names without complete address. Addresses that did not exist.
4. Gerrymandering is of the worst order. there are the people in the same Taman, even same house but voting in 2 different constituencies. There were even many cases that EC has delineated the constituencies by drawing the boundaries across the bed separating the family, even rehusband and wife.
If there was a fair and free contest, PR would have been the new government.
The questions that are repeatedly asked: What to do next? Will there be any use?
If there is no level playing field, we are afraid we will be back to square one in the 14th. GE.
Now we are waiting for the Panel of the Tribunal to give us its report and suggestions what to do next. It had been given 3 months to do it. That will be in December 2013. We will take it from there.
The Tribunal Panel
Australia high commission representive and Alfred Tan, my good friend at the Tribunal .
OA, Orang Asli testified how they have be bribed to vote.
Threarened if they don't vote for BN!