Government shoots down RCI over GE13

It can, however, be questioned in the court of law as prescribed under the Federal Constitution and election laws, said Minister in the Prime Minister’s Department Datuk Seri Shahidan Kassim.

Shahidan was responding, in a written reply, to a question by Lim Lip Eng(DAP- Segambut) on whether a RCI can be held over GE13, the bloody riots of May 13, 1969, deaths in custodies as well as police brutality.

Shahidan pointed to Article 118 of the Constitution which states that none of the elections pertaining to either the Parliamentary or state assemblies can be questioned, other than through election petitions.

“Section 35 of the Election Offences Act 1954 provides that the reliefs that can be sought for in a election petition are as follows: a declaration that the election is void; a declaration that the person was not duly elected or ought not to have been returned; or where the seat is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes, a scrutiny,” he said.

On the matter of May 13, police brutality and deaths in custody, Shahidan said that the Commission of Inquiry Act 1950 provides that the Yang di-Pertuan Agong, can appoint a Commissioner to investigate issues including the behavior of federal officers, the management of public departments or public institutions or others, provided that it is in the public’s interest.

However, he noted that the May 13 incident has happened 44 years ago and “several actions have already been taken to resolve the issues which led to the riots”.

This, he said, included the forming of Muhibbah Council to encourage among members of society and the setting up of National Unity Department to manage and implement policies and activities to inspire inter-racial unity.

On RCI's over the police, he also noted the Enforcement Agency Integrity Commission (EAIC) had already set up a task force to look into the matter.