PUTRAJAYA, Sept 6 — There is no need to add new conditions in the nomination of candidates to contest in the coming election especially for representatives whose cases are still pending in court, said Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar.
In a statement today, he said the existing election nomination conditions enshrined in Article 48 (1) of the Federal Constitution are adequate.
He said the individual who is convicted and sentenced to jail for not less than one year or fine not less than RM2,000 and did not obtain a pardon, would lose his eligibility.
That matter needs to be read together with Article 48 (5) related to the nomination, election or appointment of any person to Parliament, he said.
“If there are more legislation, it will go back to the 90s era where the nomination process was complicated. It is appropriate for us to be guided by the existing law which is indeed complete and sufficient for the election nomination process,” he said.
“To uphold democracy, there is no need to impose new conditions to prevent any individuals from contesting or by formulating laws for individuals whose cases are still being heard in court to be ineligible to contest,” he said.
Wan Junaidi was commenting on the statement of PAS Ulama Wing chief Datuk Ahmad Yahaya who proposed that the government tightened the eligibility condition of candidates contesting in any election including banning individuals who are being tried in court on offences of misappropriation or corruption.
On the individuals who have been selected as a member of Parliament, Wan Junaidi said the membership of the individual would not be revoked, unless the conditions under Article 48 (4) of the Federal Constitution relating to members of Parliament have been convicted and have not been pardoned.
He said that Article 48 (4) (c) states that when the last process, which is the pardon, fails, then the membership of the member of Parliament is automatically terminated.
Article 48 of the Federal Constitution has six provisions related to the disqualification of a member of Parliament.
