Why the need for a door-to-door campaigning permit?
THE Coalition for Clean and Fair Elections (Bersih 2.0) questions the condition set by the Royal Malaysia Police (PDRM) that requires candidates for the Tanjung Piai by-election in Johor to apply for a police permit for door-to-door campaigning.
We call on the Election Commission (EC) as the highest body for electoral management to reject the PDRM’s proposed condition as it is not based on the law and restricts the freedom to campaign. There has never been such a restriction in the history of elections in Malaysia.
Bersih 2.0 wishes to remind the EC and all, that it is mandated by the Federal Constitution to request assistance from public authorities to assist in the conduct of elections as provided in Article 115(2): “All public authorities shall on the request of the Commission give the Commission such assistance in the discharge of its duties as may be practicable.”
The police cannot go beyond the limit set out in Section 24B of the Election Offences Act 1954 which states that the candidate only needs to obtain a permit from the police if he wishes to organise any meetings, a rally, display, or such entertainment involving speeches or lectures.
It is unreasonable for the PDRM to impose unnecessary rules to restrict the campaigning methods of candidates, more so when the rules are set midway of the campaigning period. With the short campaign period, the requirement to apply for a doorto-door campaign permit is unreasonable and unfair to the candidates.
Given that there is no need for police permits to assemble under the Peaceful Assembly Act 2012, it is very unreasonable to propose this new permit. In fact, Bersih 2.0 proposes that provisions on the need for police permits for political talks under the Election Offences Act 1954 be abolished in accordance with the Peaceful Assembly
Act 2012.
Bersih 2.0, once again, urges the police and the EC to revoke this requirement for a permit for doorto-door campaigning and allow the Tanjung Piai by-election candidates the freedom to campaign in whatever way they feel is necessary as long as they adhere to the Election Offences Act 1954 and other related laws.
BERSIH 2.0 STEERING COMMITTEE