Election 'alms' given to voters is still bribe, says Azam Baki
Election 'alms' given to voters is still bribe, says Azam Baki
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The Star reported MACC chief commissioner Tan Sri Azam Baki saying that any form of bribe is unacceptable no matter how anybody demonstrates it because the law clearly defines "vote-buying."
He said that Section 10(a) of the Act is very clear, and whatever layman terms are used to defend an argument, they are a mere personal interpretation.
"Name it ‘sedekah’ (alms) or ‘contribution’, the law deems it a bribe paid to voters – regardless of whether the voters solicit it or not," he said when contacted by the English daily.
Azam pointed out that Section 10(a) defined in detail acts of bribery before, during, and after elections, adding that it did not matter whether the crime was committed directly or indirectly, meaning by the candidate himself or by a representative on his behalf.
He said the MACC would investigate any form of bribery using the law and not personal interpretations.
Azam's comments were in light of recent heated discourse as to whether cash handouts to voters during an election campaign period constituted vote-buying or an act of charity.
Last week, Terengganu Barisan Nasional (BN) urged the authorities to immediately investigate the PAS state government over allegations that the latter distributed money to voters during its GE15 campaign.
The state BN chief Datuk Seri Dr Ahmad Said said it had instructed division and state legislative assembly youth heads to lodge reports with the MACC.
This came after many videos circulated online saying that Pas voters were made to promise to vote for Pas in order to receive cash aid under the Perikatan Nasional government’s Covid-19 stimulus packages.
PN's secretary-general Datuk Seri Hamzah Zainudin was reported as saying that PN election candidates had given money to voters, but that it was at the voters’ request.
Further, PAS president Tan Sri Abdul Hadi Awang last week claimed that it was not against election rules as the money was distributed for "charity" and existing campaigning rules only prohibited candidates and their representatives from giving cash to voters.
Meanwhile, Bersih chairman Thomas Fann said the admission by any leader that cash had exchanged hands should be taken into account during the authorities' investigation.
"The Election Offences Act defines bribery as the giving of anything valuable to a voter during an election in order to induce a voter to vote for him or her. It does not matter whether it is done directly by the candidate or a third party.
"When cash is given out during an election, it is bribery and not charity. The law is clear, but before it can take effect, the authorities must investigate and the Attorney General must charge the offenders before the court can pass judgement," he said.
"The declaration by Abdul Hadi that the money given out during GE15 was charity is an admission that money was indeed given to voters.
"The courts have to be given the opportunity to interpret that action," Fann added.
