CONSTITUTION IN MALAYSIA

Learning Outcome
At the end of the lesson, student are able to: a)Explain the fundamental rights and Malay special right in the Constitutions b)Explain the process of election

Fundamental Liberty
o Provision of basic right in Malaysia are stated in the written constitution o Basic freedom is given to the people so that their basic right is protected from being oppressed

Background of Human Right Commission

It began with Malaysia's active participation in the United Nations Commission on Human Rights (UNCHR)
In 1993-95 Malaysia was elected as a member of

the Commission In 1995, Tan Sri Dato' Musa bin Hitam, elected as the Chairman of the 52nd session of the UNCHR. In Tan Sri Musa, suggested to the Government to establish its own independent national human rights institution.
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Human Right Commission (SUHAKAM)

o established under the Human Rights Commission of Malaysia Act 1999, Act 597. o The functions of SUHAKAM as set out in Section 4(1) are: (a) to promote awareness of and provide education relating to human rights (b) to advise and assist Government in formulating legislation and procedures and recommend the necessary measures to be taken (c) to inquire into complaints regarding infringements of human rights. o SUHAKAM existence as a check and balance mechanism.
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Fundamental Liberty
Constitution of Malaysia guarantees the following fundamental liberties: Article 5-Right to life and personal liberty Article 6-Prohibition of slavery and forced labour Article 7-Protection against retrospective criminal laws and repeated trials Article 8-Right to equality before the law Article 9-Prohibition of banishment, Freedom of movement
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Fundamental Liberty
Article 10-Freedom of speech, assembly and association Article 11-Freedom of religion Article 12-Rights in respect of education Article 13-Rights to property

Right to life and personal liberty (1)

o emphasis that a person cannot have his life taken away or his freedom destroyed except it is accordance with law o Right to life includes right to quality of life o Right to liberty includes right to privacy o A person who is arrested: a)must be told the reason for his arrest b)Has the right to consult or defended by a lawyer of his / her choice
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Right to life and personal liberty (2)

c) Must be brought before a magistrate within 24 hour and cannot be detained further unless it is with the authority of the magistrate (remand order)

Right to life and personal liberty (3)

o Personal freedom can be removed according to the provision of Article 149 of the Federal Constitution o ISA-Internal Security Act The power of Acts includes detaining a person without trial if its thought fitting to do so for the security of the masses and the country.

Protection against retrospective criminal laws and repeated trials

o A person cannot be punished for something which at the same time when it was done was not an offence. E.g passenger seat belt o If the punishment for the crime is increased, a person who committed the crime before the punishment increased cannot be given that increased punishment. o A person who has been convicted of an offence shall not be tried again for the same offence unless the conviction is set aside and retrial is ordered.
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Liberty of Speech, Assembly and Association

A person is allowed to speak and voice his opinion or to gather peacefully and to form associations. However, the law can restrict the freedom mentioned above to safeguard public interests. Parliament may make a law to restrict the right if they are necessary. E.g : affected the security of Malaysia or friendly relation with other countries.

Liberty of Speech, Assembly and Association

Parliament may pass law prohibiting the questioning of matters related to special privileges of the Malays, sovereignty of Malay Ruler and the use of Malay as the official language. However it is not illegal to comment on the implementations of these matters.

Freedom of Movement
o A Malaysian citizen cannot be banished or excluded from the country.. o All citizen have rights to move freely and live in any part of the Federation. o However this right is subject to the law relating to national security, public order, public health or punishment of offenders. o Special position of Sabah and Sarawak- law can control who can enter and stay in Sabah and Sarawak.
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Slavery and Force Labour

No person shall be held in slavery All forms of forced labour is prohibited, but Parliament may by law provide for compulsory service for national purposes. Worked or service from a person who is convicted crime is not consider as forced labour. Through association, workers can fight for their economic interests through peaceful industrial action. They can picket and take the action to strike with aim to get fairer treatment from their employer
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Rights to Property
Malaysian have right to own property. A persons property cannot be taken away unless the law allowed it. If law allows for a persons property to be taken away, the person must be paid adequate compensation for the property.

Freedom of Religion
Every person has the right to practice a religion and to propagate it. They can have their religious activities as long it did not effect the public peace. A person cannot be forced to pay any tax where the money will be used for purposes of the religion which is not his/hers. Law may passed to control or restrict the propagation of any religion doctrine among the Islam. All the aspect of freedom of worship should not disturb the public peace.
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Right in respect of education

No discrimination against any citizen in the administration of any educational institution and financial aid for the maintenance or education of students in any education institution. Every religious group have right to establish institution for education of children in his own religion. Religion of a person under eighteen years old shall be decided by his parent or guardian.

Special Provision for the Malay and Other Races (1)

The formation of the Federal Constitution was a result of compromises among the major ethnic groups. Because the Malay leaders agreed to relax the Nationality requirements, the Chinese and Indian leaders acknowledged the special position of the Malays as the peribumi of the Malay Peninsula. With the formation of Malaysia, this special status was extended to bumiputera of Sabah and Sarawak.
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Special Provision for the Malay and Other Races(2)

Article 153 of the Federal Constitution states that the Yang di-Pertuan Agong has the responsibility to guarantee the special position of the Malays and indigenous peoples of Sabah and Sarawak. Article 160(2) defines a Malay as a person who: a. embraces Islam; b. Habitually speaks the Malay language; c. practices Malay customs and traditions;
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Special Provision for the Malay and Other Races (3)

The provisions includes the special reservation for Malays and Bumiputra of a. quotas for scholarships, b. employment in the public services, c. business d. industrials licenses e. reserve lands.

ELECTION PROCESS

Introduction to the Election

Exist at two levels: a)National level. (General Election) o membership in the House of Representative, the lower house of Parliament, b) State level elections (State Election) o membership in the various State Legislative Assemblies. o Each states consist of one State Legislative Assembly (DUN)
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Introduction to the Election

By-election- if a) death of an elected representative b) the loss of eligibility of the elected representative; c) the annulment of the decision of the election d) Resignation of the elected representative

Introduction to the Election

Since 1957, Malaysia has retained a multi-party political system. The political party which secures the majority of the Parliamentary seats (House of Representatives) can form the Federal Government or the State Legislative Assembly seats can form the State Government.

Introduction to the Election

The system used in Malaysia is based on the First-Past-The-Post System. The candidate who secures a simple majority will be declared the winner in that constituency. Simple majority -a voting requirement of more than 50% of all ballots cast

Introduction to the Election

A general election must be held at least once every five years. However, the Prime Minister can ask the Yang di-Pertuan Agong to dissolve the Parliament at any time before this five-year period has expired. A general election should be held no later than 60 days in Peninsular of Malaysia and 90 days in Sabah and Sarawak after the dissolution of the Parliament and State Legislative Assembly.
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Important Elements in Election

The important elements for the conduct of elections are : a)Constituency b)Elector c)Candidate d)Election Process

Important Elements of Election

o A candidate is chosen by people in the election as a representative in the Parliament (General Election) and State Legislative Assembly ( State Election). o The number of Constituencies a) House of Representative 222 seats b) State Legislative Assemblies are- 576

PARLIAMENT AND STATE LEGISLATIVE ASSEMBLY SEATS

State House of State Legislative Representatives Assemblies 3 15 15 36 14 45 8 32 13 40 24 59 14 42 22 56 8 36 6 28 26 56 11 1 1 166 445

Perlis Kedah Kelantan Terengganu Pulau Pinang Perak Pahang Selangor Negeri Sembilan Melaka Johor Federal Territory (Kuala Lumpur) Federal Territory (Putrajaya) Federal Territory (Labuan)
Total for the States in the Peninsular

Sabah Sarawak Total for Malaysia

25 31 222

60 71 576

According to Article 160 (2) Elector-person who is entitled to vote in an election to the House of Representative or Legislative Assembly of a State
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Important Elements in Election

DELIMITATION OF CONSTITUENCIES
The Election Commission, is responsible for reviewing the boundaries of Parliamentary and State Constituencies. As provided for under the Federal Constitution, the Election Commission is to undertake this review at intervals of not less than 8 years.

Important Elements in Election

REGISTRATION OF ELECTORS
the elector has to register with the Election Commission before he can vote in an election for the House of Representatives or the State Legislative Assembly. In Malaysia, a person is entitled to register if he : i) is a Malaysian Citizen; ii) is not less than 21 years of age on the qualifying date; iii) is resident in any election constituency in Malaysia iv) is not disqualified.
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Important Elements in Election

DISQUALIFICATION
An elector will be disqualified if he : a) on the qualifying date is detained as a person of unsound mind or is serving a sentence of imprisonment; or b) before the qualifying date he has been convicted of an offence and sentenced to death or imprisonment for a term exceeding 12 months and is still liable on the qualifying date; c) found guilty under the Election Offences Act, 1954; d) has acquired a foreign citizenship.
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Important Elements in Election

REVISION OF ELECTORAL ROLL is carried out throughout the year as required by law. You can register at the Election Commissions Headquarters, State Election Offices, Post Offices During revision of the main roll, the names of deceased electors and those that have been disqualified under the law will be remove from the roll.
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Important Elements in Election

QUALIFICATION OF CANDIDATE A candidate contesting can either represent a party or stand as an independent candidate. He is qualified to be a candidate in any election if he fulfills the following: a)he is a Malaysian citizen and a resident of the country; b)he must not be less than 21 years of age on nomination day; and c) he must be a resident of the State if contesting a state seat.
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Important Elements in Election

QUALIFICATION OF CANDIDATE A candidate will be disqualified if he : a)has been found or declared to be of unsound mind; or b)found to be bankrupt; or c) has been convicted of an offence by a court of law in Malaysia and sentenced to imprisonment for a term not less than 1 year or to a fine of not less than RM2000 and has not received a free pardon; or d) has obtained a foreign citizenship. #

Process of the Election

Elections are supervised by a seven member politically neutral in Election Commission. After YDP Agong dissolve the Parliament, the Election Commission will issue an order to Managing Officer to organise a balloting process (election).
The Managing Officer will issue a statement through Government Gazette or newspaper, on

the date of nomination of candidate, the place and time of election (for individual wish to contest in the election) for every electoral constituency
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Nomination Day
Nomination day refers to the day fixed by the Election Commission for candidates to submit their nomination papers, to contest in the election, Nomination centres are set up in various locations by the Election Commission to allow candidates to register themselves. Any Malaysian citizen may register as a candidate as long as he is not disqualified from doing so.

Nomination Day
The nomination papers can be submitted by the candidate, the proposer and seconder or by anyone of them The papers must be submitted between the time of 9.00 am and 10.00 am on nomination day. Between 10.00 am and 11.00 am, the nomination papers will be displayed for scrutiny & objection. In the case where only one candidate is nominated the Returning Officer will declare him as elected without contest.
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Deposit
A deposit of RM 10,000 for a parliamentary seat and RM 5,000 for a state seat has to be submitted to the Returning Officer before nomination day or during the filing of nomination papers. The deposit will be forfeited if the candidate fails to secure 1/8 of the total number of votes polled by all the candidates in the constituency.

Campaign (1)
A campaign can only begin after completion of the nomination process and should end at 12.00 midnight before polling day. The Enforcement Officer is appointed to responsible overseeing campaign materials, election speeches and public rallies, to ensure that the provisions of Elections Laws and Regulations are not breached.

Campaign (2)
The Commission also sets up various committees at Federal/State/constituency levels to brief political parties, candidates, or their agents and workers on the Commission's laws and regulations. Normally, election campaigns take the form of : a)Distribution of pamphlets, handbills, letters b)Posters c)Closed-door talks and meetings d)House to house canvassing
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Campaign (3)
Political parties are allowed to unveil and explain their party manifesto. They can also use the electronic media. Besides the deposit, the candidates also have to pay a deposit of RM5,000 for parliamentary elections and RM3,000 for state elections. This deposit will be returned if the candidates remove all posters, banners etc within 14 days after the elections.
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Polling Day
Polling day refers to the day electors cast their vote. Officially, this day starts after 12.00 midnight and ends with the announcement of the results. Polling time a)Peninsular Malaysia : from 8.00 am to 5.00 pm b)Sabah and Sarawak :from 7.30 am to 5.00 pm

Polling Day
The Election Commission normally issues a general notice informing the public of important matters concerning the election. They include : a) date of polling b) location of polling stations c) time of polling at all the polling stations d) location of counting and tally centre

Polling Day
On election day, registered voters may cast their ballot for their chosen candidate in a designated voting centre. These voting centres are typically schools or community centres and all activities in the school are suspended for that day. The party is allowed to establish an operation room as long as it is not closer than 50 meters from the polling centre.
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Election Offences
It is an offence a)to provide food, drinks or refreshments with a view to induce voters to either vote for a particular candidate or not vote at all. b)to provide monetary rewards for voting for a certain candidate. c) to threaten a person to vote for a candidate or not to vote. d)to obstruct passage to and from a voting centre
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Election Offences
It is an offence e) to set up a location for any candidate within 50 yards (50 m) of the voting centre f) to provide transportation to a voting centre. However, this is not normally enforced as all parties do this to some degree.

Voting Process
Voting is by secret ballot.

An elector will cast his vote for one candidate only by marking the ballot paper with a sign "X" against the name of the candidate of his choice. After marking the ballot paper the voter will fold it and insert it in the ballot box provided either "PARLIMEN" and "NEGERI The voting formula is one vote for one candidate means that every voter can only choose one candidate whom he thinks in qualifies to represent him and vote once only
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Postal Voting
The postal votes are mailed, as early as possible, to electors who are entitled to vote by the postal vote method.

Postal voting are absent voters who include a)members of the armed forces and their spouses, b)students overseas and their spouses c) civil servants serving overseas and their spouses d)Election workers e)Members of the Royal Malaysia including the spouses of those in the Police Force f) Members and officers of the EC
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Agents
The law permits a candidate to appoint a polling agent for the purpose of safeguarding his interest at every polling station at any one time. The role of the agent is to ensure that the voting is conducted in accordance with the relevant laws and regulations.

Agents
Responsibilities:

a) inspecting that the ballot boxes have not been tampered.

b) boxes are securely locked before voting begins and sealed. They may place their own seal on the box. c) To ensure that the ballot papers given out to voters do not contain markings. d) on the close of voting, the ballot boxes are still secure and the seals are intact.
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Counting of Votes
carried out by the Presiding Officer at the polling station or at a specified central counting place. During the counting of votes only authorised persons are allowed to enter. They are :
a) members and officers of the Election Commission b) officers appointed by the Election Commission; c) counting clerks; d) candidates, their election agents and their counting agents.
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Official Tallying of Votes

After the completion of counting of votes, a statement of the results of the poll will be forwarded to the Returning Officer at the tally centre. The Returning officer will add all the votes, inclusive of postal votes, to determine the winner. The Returning Officer will declare the candidate, who secures a simple majority, as the elected representative of that constituency.
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Announcement of the Result

Through:

a) live broadcasts by radio and television stations.

b) newspapers c) Election Commission website ,other related website

the Returning Officer for the constituency will announce the candidate obtaining the majority of votes and confirm the winner. The decision of the Returning Officer cannot be challenged. Any party not satisfied with the decision of the election can submit an election petition to the Election Court.
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Election Petition
The results of the election can be challenged in court. A petition can be lodged on the following grounds: a)bribery, intimidation or any misconduct that may have affected the result of the election; b)non-compliance with Election Laws and Regulations; c) corruption or illegal practice committed by the candidate or any of his agents; d)the candidate or his agent found to be not qualified to contest in the election.
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Election Petition
The election petition may be presented to the Election Court within 21 days after publication of the results in the Gazette. If the Election Judge, after conducting a trial over an election petition, decides the election to be void, the Election Commission will give notice of a fresh election for the constituency concerned.

Controversy Issues
Phantom Voter- dead voters who participate in elections The usage of election transparent ballot box Press freedom Free and fair election Indelible ink

The issue of the Indelible ink

Legally, the commission cannot bar a person whose fingernail has been marked with the ink or one who refuses to have his or her nail marked, from casting their vote. ''The Federal Constitution gives you the right to vote '' Some people purchased indelible ink from abroad with the intention of creating confusion and suspicion as to the status of voters. ''For Muslims, when they pray, they have to wash their face, hands and feet and the water must touch their skin. With indelible ink, the water will not be able to touch the skin and Muslims will not be able to perform their prayers,'' #

1. Choose the correct statements regarding the general election: I. After the dissolution of Parliament, the election must be held within 60 days in the Peninsular Malaysia and can exceed 90 days in Sabah and Sarawak. II. By-elections may not need to be held if the period of State Legislative Assembly ends in less than the two year period. III. After 120 days of dissolution of Parliament, a new government must be formed. IV. An individual cannot contest in an election if he does not represent a political party.
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2. Which of the following groups qualify to vote

through the post? I. Malaysian citizen (and wife) who is/are studying abroad. II.A candidate and his representative. III.Election officers on duty. IV.Malaysian embassy staff working abroad. A.I & II. B.II & IV. C.III & IV. D.I, II & IV. E.I, III & IV.

3. Representatives elected by the people are: I. The Senators. II. Members of the State Legislative Assembly. III.Members of The House of Representative. IV.The King. A.I & IV. B.I & II. C.II & III. D.I, II & IV. E.All of the above.
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4. When Parliament is dissolved in Sabah and Sarawak, a general election must be held within_________ days.

A.30 days. B.45 days. C.50 days. D.60 days. E.90 days.