'Mansuhkan 9A' campaign launched in Parliament

Section 9A of the Election Act 1958, which stipulates that the electoral roll cannot be challenged in court once it is gazetted, needs to be abolished.

This is the opinion of Klang MP Charles Santiago, who launched the ‘Mansuhkan 9A’ online petition campaign at the Parliament today.

“Once an electoral roll is gazetted, it cannot be challenged in court. The Election Commission (EC) has absolute power in controlling the electoral roll, even beyond that of the judiciary.

“Section 9A is an ouster clause as it contravenes the Doctrine of Separation of Powers. The role of the judiciary as the arbitrator of rights and duties is completely removed and the people cannot go to the courts to seek justice in this regard,” he said.

Santiago also said that Section 9A remains as one of the key obstacles towards a free and fair election because it prevents anybody from questioning the integrity of the electoral roll, even with clear evidence.

“It was controversially introduced by the Barisan Nasional (BN) led government after the landmark Likas by-election case. In 2001, the Kota Kinabalu High Court had found the Likas constituency electoral roll to be flawed, as it contains phantom votes, and hence declared the 1999 constituency polls to be null and void.

“We call on the government to repeal Section 9A immediately and return the power to judiciary,” he said.