Those With Ongoing Trials Not Barred From Running In Ge Minister

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No new conditions will be set for candidates in the upcoming general election, including those with pending court cases, said Wan Junaidi Tuanku Jaafar.
The Minister in the Prime Minister’s Department (Parliament & Law) was responding to a suggestion by PAS leader Ahmad Yahya to bar those on trial for corruption from contesting.
“In order to uphold democracy, there is no need to add new conditions to bar any individuals from contesting.
“For example, by enacting laws that say individuals with ongoing court cases are not eligible to contest,” said Wan Junaidi (above) in a statement today.
ADSThe existing conditions for nominating candidates, as stated in Article 48(1)(e) of the Federal Constitution, are sufficient, he added.
Article 48(1)(e) states that if an individual is found guilty and is sentenced to imprisonment for a period of not less than one year or a fine not less than RM2,000, and does not receive a pardon, that individual will be disqualified from contesting.
PAS Dewan Ulama chief Ahmad YahyaThere is also Article 48(5) which deals with the nomination, election, or appointment of any persons to any of the Houses of Parliament.
“Therefore, I believe there is no need to add other clauses to tighten existing nomination conditions.
“If it is added, it will bring us back to the 90s era where the nomination process was complicated.
“It is reasonable for us to refer to existing laws which are indeed complete and sufficient for the election candidate nomination process,” Wan Junaidi said.
Disqualification from being an MP
The minister also explained that an existing MP will not have to vacate their position unless the conditions are in line with Article 48 (4), which deals with parliamentarians who have been punished but have not yet received a pardon.
According to Article 48(4)(c), only when the pardon process fails will the MP’s position be vacated.
Last weekend, during the PAS muktamar, Ahmad Yahya suggested disqualifying from running in elections individuals who harm the country’s harmony, question special privileges, and are on trial for corruption.
“The same should apply to those on trial for abuse of power, corruption, and misappropriating public funds. They should not be given a chance to contest as we are worried they may use their position to avoid being tried.
“In this aspect, we hope that graft cases involving political party leaders can be expedited in court so that the ‘cleansing’ of political leaders can be done effectively,” he had said. - Mkini

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