Asia - Pacific

Malaysia opposition fails in bid to void national polls

High Court dismisses case claiming 2013 polls must be voided as ruling party breached law against overspending by receiving $700 mln donation from Middle East

21.01.2016 - Update : 21.01.2016
Malaysia opposition fails in bid to void national polls

Kuala Lumpur

By P Prem Kumar

KUALA LUMPUR

A Malaysian court dismissed Thursday the opposition party’s attempt to have the country's 2013 general election deemed null and void, amid allegations that the embattled premier employed around $700 million in political donations to remain in power.

The Kuala Lumpur High Court dismissed a suit by the People's Justice Party (PKR) against the long-ruling National Alliance government for breaching election laws by overspending during the 13th General Election.

"The party [PKR] does not have a locus standi to bring the suit for hearing,” said Judge Mohd Zaki Abdul Wahab, who allowed an application by Prime Minister Najib Razak and his party to strike out the case. “The suit must be filed by a public officer or office bearer of the party."

The court also ordered PKR and five other parties who filed the suit – including PKR’s imprisoned former leader Anwar Ibrahim and another four individuals – to pay a total of $11,417 to cover damage costs, of which $3,425 must be received by Razak.

They filed the suit in Aug. 2015 after the Wall Street Journal and whistleblower site Sarawak Report reported on a money trail of $700 million that ended up in Razak's private banking accounts.

Razak and his supporters in the United Malay National Organization, or UMNO, had openly declared that the funds had been sent from the Middle East for Razak’s use in the national polls to ensure his party remained in power.

In reading his statement Thursday, Judge Wahab said the country's judiciary had no jurisdiction to declare the National Alliance as an illegal society over its alleged involvement in criminal activities, as claimed by PKR.

"Under Section 41 of the Societies Act, it is the Registrar of Societies who has the power to do so," he said.

Wahab added that the PKR failed to substantiate its allegations about the money trail and overspending with “facts”, saying that all the queries raised were based on media reports and those exposed by Sarawak Report and the Wall Street Journal.
"This could be a mere hearsay. The pleadings based on media and online reports are not sustainable," he added.

Under Section 19 of Malaysia’s Election Offences 1954 Act, candidates contesting in a general election are permitted to spend no more than $45,654 for a parliamentary constituency and up to $22,827 for state seats.

The Razak-led National Alliance – the only coalition to have governed Malaysia since its independence in 1957 – formed the federal government after the 2013 polls with 60 percent of parliamentary seats, but only 47.38 percent of the popular vote.

The Ibrahim-led People's Pact won 50.87 percent of the popular vote, but failed to form a government, as it did not secure a majority of parliamentarians.

The election was the National Front's worst ever showing.

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