Full Report: Bagan Pinang “Another Short Coming of a By-Election”

By Election in Bagan Pinang (DUN N31), Port Dickson, Negeri Sembilan

Introduction

The recent by-election in Bagan Pinang (N31) on 11th October 2009 saw a straight fight between seasoned Barisan Nasional candidate Tan Sri Isa Samad and Negeri Sembilan PAS State Commissioner, Zulkefly Mohamad Omar, when another potential candidate with no party affiliation, Sharuddin Abdul Hamid failed to register as a candidate on the nomination day.

On 3rd October 2009, some 7000 supporters of Pakatan Rakyat (PR) came to give support to its member’s candidate from PAS. Whereas, about 3000 strong army of Barisan Nasional supporters marched amid the pouring rain in support of Tan Sri Isa Samad.

The chaos initially started right before the arrival of candidates at the Port Dickson Municipal Hall but it became tantamount after the nomination process for both candidates finished. Both sides were exchanging insults and derogative words. The situation becomes intense when some BN supporters emerged from their stronghold and walked inside the area designated by the Election Commission (EC) for PAS-PR supporters in an attempt to provoke psychical engagement.

Pas-PR supporters took no chance to shower the BN supporters with “corruption, corruption” and mocking them by waving 1 ringgit note as a sign of protest practiced by the rival camp. The response from the BN supporters was much too annoying for the PAS-PR supporters.

On the nomination day, a violence incident was reportedly to have occurred on one of the UMNO youth leaders cum Executive Committee member, Datuk Abdul Azeez bin Abdul Rahim, who claimed that he was assaulted by PAS-PR supporters. Even though police report was made immediately after the incident, nothing concrete came out to prove that the attack ever happened.

PAS-PR also claimed that on 8th October 2009, at around 2 am, their operational centre (Markas Induk Dewan Pemuda PAS) was bombarded by a crowd of what described as UMNO-BN supporters. The incident has resulted in four PAS-PR volunteers to suffer injuries. Police report was lodged by the Youth wing leader but investigation is far from progressing.

Postal Vote

The postal vote remains a controversial episode in the election campaign in Bagan Pinang. Here are some findings that lead to suspicion over the practice of postal voting and its irrelevancy. Among them are:

1 – Two votes were issued under one individual name – understood as a registration for two separate polling stations, one being inside the army cantonment in Bagan Pinang using military service identity card, and the other at any normal polling station using civilian identity card (Mykad). Practically, postal voter is allowed to cast vote twice.

2 – A credible report suggests that some 250 individual names having two identity cards – military service identity card and civilian identity card (Mykad).

3 – Military personnel who are not participating in vote casting allowed to use their proxy (in this case their high rank officer) to cast vote on their behalf.

4 – Eligible voters who do not vote have their ballot papers used by others

5 – Many retired military personnel still have their name in the list of postal voters.

6 – Many postal voters (military personnel) register in more than one camp (some reportedly to have registered in three camps). This occurs because when they moved to a different camp or outside of the cantonment, without having their name cancelled and at the new camp; they are registered as a new postal voter.

7 – Some high ranking army officers were tasked to cast vote on behalf of others who are absence during the Polling Day.

8 – The list of postal voters gazetted and given out to both election rivals is vary from the list of postal voters shown during the postal voting day on 8th and 9th October 2009.

9 – Party agents observing the postal voting process was denied right to complain or protested any mishandling or manipulation.

10 – Voter’s name and ID were not announced or called up unlike the standard practice in previous elections which resulted in the unavailability for party agent to locate and check the name and ID of voters.

In our view, the abovementioned suspicions and doubts are seriously undermining the rule of law and democratic processes through election. However, the EC brushed off the findings and remain unperturbed about resolving it.

Money Politics

Money politics were seen as “practice of the day” here in Bagan Pinang. We have listed several findings during out observation mission:

1 – Distribution of Takaful Ikhlas cheques to residents of Bagan Pinang at the Multipurpose Hall by Tan Sri Isa Samad.

2 – Distribution of hampers and envelopes (containing money) to Indian residents of Bagan Pinang and children at BN headquarter in Taman Raja Zainal. (See photo No. 01 & No. 02)

3 – Distribution of RM 300 each to military personnel who attended the launching event of Port Dickson as the Army Town by Prime Minister, Datuk Seri Najib Razak at Pusat Latihan Tentera Darat (PUSADAR).

4 – Datuk Ismail Sabri, UMNO executive committee and Tan Sri Isa Samad distributing Zakat Perdana Negeri Sembilan at Balai Raya Teluk Kemang.

5 – Distribution of books at Karnival Membaca Malaysia launched by Datuk Seri Rais Yatim in Taman Intan Perdana. (See photo No. 03)

6 – BN-controlled print media; Utusan Malaysia and Berita Harian were distributed to the public freely. Contained inside the newspapers is small tabloids titled “Suara Bagan Pinang” with a focus to win the heart of the voters in Bagan Pinang to vote for BN. (See photo No. 04 & No. 05)

Other than distributing goods and money, outdoor food galore were also held to lure residents to vote for BN.

1 – Karnival Membaca Malaysia in Taman Intan Perdana was officiated by Minister of Information, Datuk Seri Rais Yatim.

2 – Majlis Mesra Bersama Kooperator at Hotel Mesra, Teluk Kemang officiated by Minister of Domestic Trade, Cooperative and Consumerism, Datuk Ismail Sabri. (See photo No. 06)

3 – Hari Ladang Jabatan Pertanian in Kg Bagan Pinang officiated by Minister of Agriculture and Agro-based Industry, Datuk Noh Omar. (See photo No. 07 & No. 08)

4 – Distribution of Takaful Ikhlas cheques at Bagan Pinang Multipurpose Hall by the BN candidate, Tan Sri Isa Samad.

5 – Majlis Bersama Rakyat attended by Deputy Minister in Prime Minister’s Department, T. Murugiah, Negeri Sembilan Chief Minister, Datuk Seri Mohamad Hassan and Minister in Prime Minister’s Department, Tan Sri Koh Tsu Koon in Bandar Sunggala. (See photo No. 09)

6 – Program Jalinan Wanita Niaga with Minister of Women, Family and Community Development, Datuk Seri Shahrizat Jalil at Jalan Pantai. (See photo No. 10)

7 – Lunch event with BN candidate, Tan Sri Isa Samad at Rumah Komuniti Kg Teluk Kemang. (See photo No. 11)

Apart from prompt small scale projects planned for the constituency, promises of budget approvals for much larger projects were delivered should UMBO-BN candidate win. Among others:

1 – Negeri Sembilan Chief Minister, Datuk Seri Mohamad Hassan promised RM 100,000 for a project to upgrade surau (small mosque) of Institut Kejuruteraan Tentera Darat.

2 – Minister of Defense, Datuk Seri Ahmad Zahid Hamidi promised projects to build swimming pool, futsal hall and Wifi for Institut Kejuruteraan Tentera Darat.

3 – Deputy Prime Minister who is also the Minister of Education, Tan Sri Muhyiddin Yassin promised an allocation of RM 18 million to build a primary school in Taman Intan Perdana.

4 – Deputy Prime Minister who is also the Minister of Education, Tan Sri Muhyiddin Yassin promised an allocation of RM 20 million to build a secondary school in Taman Intan Perdana.

It is a known fact and emphasized by the EC to all political parties not to campaign inside the army cantonments. However, the restriction is being ignored by the Prime Minister, Datuk Seri Najib Tun Razak, Minister of Defense, Datuk Seri Ahmad Zahid Hamidi, Negeri Sembilan Chief Minister, Datuk Seri Mohamad Hassan when they were campaigning inside the army cantonments and overtly giving promises to the military personnel ensuring their endorsement for BN candidate to win.

Misuses of Government’s Properties

The misusing of government’s properties during the election campaign was widespread. NIEI observations suggest that the misappropriation of government’s properties for the purpose of winning the heart of the voters was occurring in a broad daylight.

1 – In Taman Bandar Sunggala, buses, vans, trucks and mobile stages were transported by the Information Department for entertainment events cum Hari Raya open house. The event was seen as a direct campaign and endorsement for UMNO-BN candidate, Tan Sri Isa Samad. In a speech by Datuk T. Murugiah, he explains that Bagan Pinang residents should vote for Tan Sri Isa Samad since he has 22 years experience in running the state. “Henceforth, the people should not doubt their future”, added Murugiah. In the program, the organizer continuously reminds the residents to vote for BN candidate. (See photo No. 12 & No. 13)

2 – In Majlis Ekspo Kenali Kelantan held in Kg Bagan Pinang, several state governments’ vehicles were misappropriated for the purpose of campaigning. This includes vehicle of Majlis Perbandaran Kota Bahru (MPKB) and Kelantan Tourism Agency vehicles. (See photo No. 14)

3 – Vehicles belonging to the Information Department and Cooperation Commission Malaysia were seen used by UMNO-BN at the Majlis Mesra Bersama Kooperator. (See photo No. 15)

4 – Mobile Library and Fire Brigades were used by UMNO-BN on the Karnival Membaca Malaysia event. (See photo No. 16)

5 – Vehicles belonging to the Agriculture Department were used by UMNO-BN during Hari Ladang event. (See photo No. 17)

6 – Mobile clinic belonging to Ministry of Women, Family and Community Development was used by UMNO-BN in Program Jalinan Wanita Niaga event. (See photo No. 18)

Misuses of Public Facilities

If the misappropriation of vehicles is nothing new to the campaign of the ruling party, the misusing of public facilities are another findings by our observers in the field.

1 – Multipurpose Hall in Bagan Pinang was used by UMNO-BN as its command centre for election campaigning. (See photo No. 19)

2 – JKKK (Village Local Council) Office of Kg. Bagan Pinang was taken over by UMNO-BN mercenaries for campaign activities. (See photo No. 20)

3 – Medan Selera Majlis Perbandaran Port Dickson (open air venue) was used as a site for BN Supporter’s Club to prepare campaigning activities (campaign paraphernalia distribution centre). (See photo No. 21)

4 – Sekolah Rendah Islam Tun Dato’ Haji Abdul Samad was used as UMNO-BN operation room. (See photo No. 22)

5 – KEMAS building was taken over for UMNO-BN campaign activities. (See photo No. 23)

6 – Balai Raya Teluk Kemang was taken over for UMNO-BN campaign activities.

7 – Library of Taman Intan Perdana was used for UMNO-BN campaign activities.

8 – Balai Raya and neighborhood watch office in Sawah Sunggala were used for UMNO-BN campaign activities. (See photo No. 24)

“Projek Kilat”

Our observation saw several prompted small-scale projects approved and currently under construction. Such projects are effective during election period because it garners support from residents and to show that the ruling government has always wanted to provide improvements in the area. NIEI team has some of these projects as below:

1 – Monsoon Drain project in Kg Bagan Pinang. (See photo No. 25)

2 – Drain-cleaning project in housing areas in Kg Bagan Pinang. (See photo No. 26)

3 – Road repairing project in Kg. Bagan Pinang. (See photo No. 27)

4 – Tarmac road project in Taman Bandar Sunggala. (See photo No. 28)

5 – Road repairing project on Lorong Batu 7, Kg Teluk Kemang.

6 – Pipe repairing project in Taman Raja Zainal housing area. (See photo No. 29)

7 – Sculpture construction project at Teluk Kemang roundabout. (See photo No. 30)

8 – Two new car park projects in Jalan Pantai Port Dickson.

Royal Malaysian Police Forces / Polis Diraja Malaysia (PDRM)

Like many other by elections in the past, the huge presence of police personnel raises doubt as to what is their main duty here. It is no doubt that traffic police were deployed to contain traffic flows and to ensure road users abiding laws. Traffic police were tasked at every traffic lights and junctions in the constituency to control the traffic especially on the nomination and polling days.

On the nomination day as an example, traffic police have successfully contained the traffic flow in the constituency. Up until the polling day, numbers of traffic police are aplenty given the fact that they are visible at every traffic lights and junctions. Traffic police were also seen at parties’ event locations to ensure the road is not blocked and the traffic flow is smooth.

Other units from the police force presence were the Federal Reserve Unit (FRU) and the Special Branch (SB). Through our observations, these two units were seen trying to control the movement and actions by supporters of both parties. Road blocks going into the constituency and surroundings were somewhat reduced, compared to previous by elections in Penang, Perak and Kedah. It’s almost a different scenario altogether compared to the by elections in Permatang Pauh and Bukit Gantang, where excessive roadblocks were set up through out the period of elections.

These road blocks proved that it’s only to slow down the movement of people into the constituency which contributed to massive car piles. In Bagan Pinang, no road blocks or checkpoints were installed and that the traffic flow was smooth.

Outdoor Publicity Campaign

Throughout the campaign period, roads stretches across the constituency were filled up with party materials from both camps. Flags, posters, banners and billboards mushroomed in every corner of Port Dickson town. Party paraphernalia were added and updated on daily basis leaving only the sky as the limit.

UMNO-BN campaign materials are abundance compared to PAS-PR. The road leading to Teluk Kemang district was littered with flags, posters and billboards from UMNO-BN. There were 5 billboards in total erected by PAS-PR through out the election period. The propaganda warfare is undoubtedly won by UMNO-BN who we regarded as having occupied 90% of the landscape in Bagan Pinang.

Total billboards erected in Bagan Pinang roads by UMNO-BN are around 150 pieces. Giant posters of the Prime Minister, State’s Chief Minister and the candidate were seen in every corner of the constituency. Lamp and electrical poles too were not spared from this warfare. It’s only fair to believe that UMNO-BN must have forked-out huge sum of money to sponsor this outdoor publicity campaign.

In a separate incident, the EC have ordered for the removal of several UMNO-BN billboards deemed as controversial. The EC personnel were also seen removing several PR parties’ flags as it regards the other parties as non-contestant in this by-election and that the PR should register as a coalition with one symbol only. (See photo No. 31 until No. 36)

Polling Day (11th October 2009)

The D-day started with drizzle as early as 6 am. However, it did not deter the residents of Bagan Pinang to participate in their right as citizens and as voters. Up until 2 pm, percentage of voters was at 45 %. Although situation in all stations were under control, the presence of supporters from both parties had potentially lead another untoward incidents.

In Sekolah Si Rusa for example, police had a hard time containing supporters from becoming unruly. This happened when the EC designed the standing area for both supporters facing directly at each other. The same case applied in Sekolah Panglima Adnan. At Sekolah Panglima Adnan, NIEI observers witnessed a convoy of bikers belonging to the BN member, Malaysian Indian Congress (MIC) wearing the party’s uniform and carrying flags. This in our knowledge has breached the code of conduct stipulated by the EC.

We also found in most of the polling stations vehicles ferrying voters when it was made understood that the practice is not acceptable.

In one incident in Teluk Kemang, what started as an exchange of insults and derogative words turned quickly into physical fight. According to the media, police have arrested two suspects during the fiasco. The fist fight was set off 5 minutes after that, thanks to the quick response from the local residents and police. (See photo No. 37 until No. 41)

NIEI recommendations to improve future elections in Malaysia

These are some recommendations proposed to better the integrity and professionalism of electoral processes in Malaysia.

1 – The postal vote procedures must be amended and revised to ensure integrity and fairness.

2 – In our own experience observing elections in some politically volatile countries like Thailand and the Philippines where armed conflicts are of main threat to stability, the normal procedure is used both by the military personnel and the civilians. The military-only polling centers are fully managed by their respective election commissions and provisions for party agents, local and international observers are acknowledged and well respected. Should there be postal voting in the future elections, it is the duty of the election commission to fulfill the right of the citizens without contradicting the code of conduct of election. Hence, no issues of voter’s list being emulated or amended in favor of any party.

3 – Money politics, vote buying, promises of projects, Projek Kilat, misuse of government’s properties and facilities have to be abolished. In the neighboring countries, especially in Thailand, Nepal and Taiwan, such activity is rigorously banned. In such case where one is found guilty, the EC can reverse candidate’s entry, or nullify candidate’s result.

4 – Candidate and party campaign budget must be monitored and examine by the EC thoroughly. This is to ensure that candidate or party do not exceed the amount allocated by the EC. This is in response to the expenditure of UMNO-BN candidate, Tan Sri Isa Samad who has obviously exceeded the budget line allocated by the EC.

5 – Similar to many countries in the region, polling day is generally at peace and conducive for voters to vote. In view of recent by-election in Bagan Pinang, party canvassers, supporters and agents transporting voters to polling stations should be banned on the polling day.

6 – If party canvassers cannot be avoided in the nearest future, pre-emptive measures can simply be avoided by not designing areas for rival party supporters opposite of each other. For example, rival party supporter can be 50 – 100 meters to the right of the polling centre and the other party about 50 – 100 meters to the left of the polling centre.

7 – If transporting voters deemed necessary, it is the duty of the EC to provide such provision, similar to the wheel chair service provided currently.

8 – Roadblocks and checkpoints should be abolished altogether prior and during the campaign period. The role of traffic police should be maintained and the Federal Reserve Units (FRU) should only be on stand by.

9 – Using indelible ink can prevent multiple voting and reduce the chances of vote rigging if procedures are followed. NIEI urges the application of indelible ink to be used in the upcoming elections to ensure integrity, free and fairness of electoral processes

Photo Gallery

Photo No 1: Distribution of ‘duit raya’ for Indian children

Photo No. 2: Distribution of hampers for Indian residents

Photo No. 3: ‘Karnival Membaca’ launched by Datuk Seri Rais Yatim

Photo No. 4: Free distribution of Utusan Malaysia & Berita Harian by Puteri Umno.

Photo No. 05: ‘Suara Bagan Pinang’ attached in Utusan Malaysia & Berita Harian newspapers for distribution in Bagan Pinang

Photo No. 06: A speech given by one of the members of Coorperator

Photo No 07: A banner for the event

Photo No. 08: Setting up the stage before the event

Photo No. 09: Speech by T.Murugiah at an event in Bandar Sunggala

Photo No 10: The set up for ‘Jalinan Wanita Niaga’ event at Jalan Pantai

Photo No. 11: People attending the open house at ‘Rumah Komuniti’

Photo No 12: The Jabatan Penerangan bus was used during the election campaign

Photo No. 13: The Jabatan Penerangan truck was used during the election campaign

Photo No. 14: Kota Bahru Municipal Council van spotted in Bagan Pinang

Photo No. 15: A car belonging to the Information Department and Cooperation Commission Malaysia

Photo No. 16: Mobile library vehicle spotted on the scene.

Photo No. 17: The Agriculture Department’s vehicle was seen cruising in Bagan Pinang during the Hari Ladang event.

Photo No. 18: A bus belonging to LPPKN spotted at the event

Photo No. 19: Multipurpose Hall in Bagan Pinang was used as UMNO-BN Command Centre.

Photo No. 20: The office of JKKK was completely overtaken by UMNO-BN campaigners

Photo No. 21: Medan Selera in Port Dickson was overruled by UMNO-BN supporters.

Photo No. 22: Public school under UMNO-BN occupation

Photo No. 23: KEMAS building under UMNO-BN occupation

Photo No. 24: Balai Raya in Sawah Sunggala was used as UMNO-BN operation centre.

Photo No. 25: Monsoon drain project in Kg Bagan Pinang

Photo No. 26: Drain-cleaning project in housing areas in Kg Bagan Pinang.

Photo No. 27: Road repairing project in Kg. Bagan Pinang

Photo No. 28 Tarmac road project in Taman Bandar Sunggala

Photo No. 29: Pipe repairing project in Taman Raja Zainal housing area.

Photo No. 30: Sculpture construction project at Teluk Kemang roundabout

Photo No. 31: New car park projects in Jalan Pantai Port Dickson

Photo No. 32: PAS Billboard in front of the main campaign centre

Photo No. 33: UMNO-BN billboard can be found everywhere in Bagan Pinang

Photo No. 34: BN poster for election campaign

Photo No. 35: Another poster of candidate (BN campaign method)

Photo No. 36: PAS supporters / volunteers at work

Photo No. 37: PAS volunteers at work

Photo No. 38: MIC youth member riding in a bike convoy in the morning of the Polling Day

Photo No. 39: A group of MIC youth member waiting for the right time to move on

Photo No. 40: A car seen dropping off voters in front of the polling station

Photo No. 41: The driver of the car seen holding a BN flag while having voters inside his vehicle

Prepared by: National Institute for Electoral Integrity (NIEI)

Tags: Bagan Pinang, By Election