EC 'to study' Anwar's Kajang status
Kow Kwan YeePublished: Mar 7, 2014 9:00 AM | Updated: Mar 7, 2014 2:05 PM
Being the “first case of its kind”, the Election Commission (EC) will study the provisions of the federal and state constitutions to determine is Opposition Leader Anwar Ibrahim may still contest in the Kajang by-election.
Being the “first case of its kind”, the Election Commission (EC) will study the provisions of the federal and state constitutions to determine is Opposition Leader Anwar Ibrahim may still contest in the Kajang by-election.
It is widely expected that the PKR de facto leader would have to pull out of the race due to his conviction by the Court of Appeal and subsequent sentencing to a five-year jail term.
Article 47 of the federal constitution states that an individual who is convicted will not be qualified to be a candidate if the conviction includes a prison term of more than a year, or a fine above RM 2,000.
According to The Star, however, EC chief Abdul Aziz Yusof said a detailed study must be carried out due to the unique nature of the case, and it will consult its legal advisers on the matter.
“We will have to study if Anwar appeals to the Federal Court, because of it (appeal), whether he can still contest," he reportedly said.
Abdul Aziz had initially refused to elaborate when asked if Anwar will be disqualified from contesting in the by-election should his acquittal be overturned as it would be inappropriate for him to comment while proceedings were ongoing.
"The court may deliver judgment on Monday... the law permits every Malaysian citizen to appeal to the Federal Court," he said after visiting the by-election nomination centre in Bangi today.
Tuesday is nomination day for the May 23 Kajang by-election, which was orchestrated by Pakatan Rakyat after incumbent Lee Chin Cheh vacated his seat to make way for Anwar to contest.
Asked if Anwar would be disqualified from contesting if he fails to obtain a stay of execution should his acquittal be overturned, Abdul Aziz had merely said, "there are many possibilities in this case".
Anwar need not be present at nomination
Yesterday, Bayan Baru MP Sim Tze Tzin of PKR said the last-minute appeal hearing was a political move by the BN government to end the political life of the party's de facto leader.
However, Aziz said Anwar did not have to be personally present on nomination day, as long as the complete set of the nomination papers are available and he is represented by a proposer or a seconder.
He said Anwar has been scheduled to deliver his speech Parliament, as opposition leader, at 11.30am on nomination day, and it was thus said that Anwar would not be able to be present at the nomination centre.
Asked about the early campaign activities being carried out by the BN and Pakatan, Aziz said the EC has no power to take any action against alleged offenders.
He explained that the commission gets its power to act only after the returning officer declares the completion of the nomination process.
"As for now, only the police and the local council can apply their enforcement powers," he said, adding that police have opened 22 related investigation papers so far.
It is widely expected that the PKR de facto leader would have to pull out of the race due to his conviction by the Court of Appeal and subsequent sentencing to a five-year jail term.
Article 47 of the federal constitution states that an individual who is convicted will not be qualified to be a candidate if the conviction includes a prison term of more than a year, or a fine above RM 2,000.
According to The Star, however, EC chief Abdul Aziz Yusof said a detailed study must be carried out due to the unique nature of the case, and it will consult its legal advisers on the matter.
“We will have to study if Anwar appeals to the Federal Court, because of it (appeal), whether he can still contest," he reportedly said.
Abdul Aziz had initially refused to elaborate when asked if Anwar will be disqualified from contesting in the by-election should his acquittal be overturned as it would be inappropriate for him to comment while proceedings were ongoing.
"The court may deliver judgment on Monday... the law permits every Malaysian citizen to appeal to the Federal Court," he said after visiting the by-election nomination centre in Bangi today.
Tuesday is nomination day for the May 23 Kajang by-election, which was orchestrated by Pakatan Rakyat after incumbent Lee Chin Cheh vacated his seat to make way for Anwar to contest.
Asked if Anwar would be disqualified from contesting if he fails to obtain a stay of execution should his acquittal be overturned, Abdul Aziz had merely said, "there are many possibilities in this case".
Anwar need not be present at nomination
Yesterday, Bayan Baru MP Sim Tze Tzin of PKR said the last-minute appeal hearing was a political move by the BN government to end the political life of the party's de facto leader.
However, Aziz said Anwar did not have to be personally present on nomination day, as long as the complete set of the nomination papers are available and he is represented by a proposer or a seconder.
He said Anwar has been scheduled to deliver his speech Parliament, as opposition leader, at 11.30am on nomination day, and it was thus said that Anwar would not be able to be present at the nomination centre.
Asked about the early campaign activities being carried out by the BN and Pakatan, Aziz said the EC has no power to take any action against alleged offenders.
He explained that the commission gets its power to act only after the returning officer declares the completion of the nomination process.
"As for now, only the police and the local council can apply their enforcement powers," he said, adding that police have opened 22 related investigation papers so far.
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