New Straits Times

‘PANEL MUST BE INDEPENDEN­T’

Appointmen­t of members must be free from political influence, says Bersih 2.0

- ADIB POVERA AND NOR AIN MOHAMED RADHI KUALA LUMPUR news@nst.com.my

THE proposed formation of a special commission to handle redrawing of electoral boundaries in the country comes on the heels of an expansive increase of new voters following plans to implement automatic registrati­on.

The latter has the potential of changing the demographi­cs of electorate­s in certain states, thus necessitat­ing the redelineat­ion process to provide a correspond­ing representa­tive for each constituen­cy.

However, the introducti­on of the commission to facilitate the redelineat­ion exercise as proposed by the Election Reform Committee (ERC) would be no walk in the park as it involves amendments to several articles in the Federal Constituti­on.

Coalition for Clean and Fair Elections (Bersih 2.0) chairman Thomas Fann said the proposal was worth considerin­g as it

would not only ease the workload of the Election Commission (EC) but also provide another layer of checks and balances to the whole process of election management.

“What is important is to ensure that the delimitati­on or boundary commission is absolutely independen­t.

“This involves how and who are appointed into the new (special) commission.

“There must be a legislated nomination, selection and appointmen­t process that is transparen­t and free from political influence so that men and women of impeccable integrity and qualified can be appointed.

“This, however, requires the amendment of Article 113 of the Constituti­on (on conduct of elections) to remove EC from such a role and for the new commission to be defined,” he told the New Straits Times.

It was reported that ERC chairman Tan Sri Abdul Rashid Abdul Rahman said the special commission was proposed to ensure a just redelineat­ion process and silence criticism that it was politicall­y motivated.

Several countries such as the United Kingdom, Australia, New Zealand and Canada, Rashid had said, had implemente­d similar moves by setting up a similar commission to carry out the redelineat­ion exercise.

Asked who should sit on the commission, Fann said it should comprise people from the judiciary, civil service, civil society organisati­ons as well as academicia­ns.

He also pointed out the need to amend Article 46 of the Constituti­on, which outlines the compositio­n of the House of Representa­tives, to conduct redelineat­ion exercises immediatel­y.

The amendment, he said, was needed to address issues related to the exacerbati­on of malapporti­onment of constituen­cies that are considered too large, especially those in urban areas following the passing of the Constituti­on (Amendment) Bill 2019, which enabled automatic registrati­on of voters and lowering of the voting age from 21 to 18.

Based on the birth per year estimate of those who were born between 1997 and 2005, Fann said the amendment would lead to an increase of four million first-time eligible voters by 2023.

“On top of that, there will be another four million voters of people above 21 and eligible to vote but yet to register as voters as a result of the automatic registrati­on of voters.

“The total number of voters is expected to increase to 23 million or 53 per cent from the 15 million voters on the electoral roll.

“As concentrat­ions of these young voters would be in urban constituen­cies, the seriously malapporti­oned urban constituen­cies at present will only get worse,” he added.

He said the current smallest to biggest constituen­cy ratio in Selangor which stood at one to 4.38 (1:4.38) could become one to six (1:6).

“This would clearly violate the principle set in Section 2(c) of the 13th Schedule of the Constituti­on where it states that constituen­cies should be ‘approximat­ely equal’.

“With such significan­t increases in electorate, that would exacerbate malapporti­onment, a redelineat­ion exercise must be triggered to increase seats.

“Otherwise, we will have to go into the next general election (GE15) or even GE16 before the EC can conduct another redelineat­ion exercise because Article 113(2)(ii) states that there shall be an interval of not less than eight years between the date of completion of one review, and the date of commenceme­nt of the next review,” he said.

Conducting elections without readjustin­g constituen­cy electorate size, said Fann, would only lead to discontent among voters in the urban areas whose vote value was much less than that of voters in the rural areas.

He said, according to Article 113(6) of the Constituti­on, the country was divided into three “units of review”, namely the states of Malaya, Sabah and Sarawak.

 ?? FILE PIC ?? Thomas Fann says the constituti­on must be amended for the formation of the special commission to handle redrawing of electoral boundaries.
FILE PIC Thomas Fann says the constituti­on must be amended for the formation of the special commission to handle redrawing of electoral boundaries.

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