Powers to call for By-Election

The current situation at Perak raises interesting legal issues on Election Commission powers. The 2 State Assemblymen have denied they have resigned but the Speaker of the Assembly have concluded that they have. Now the EC has decided that the 2 Assemblymen did not resign and refuse to call for election. Can the EC do that?

Under Section 5 of the Election Act 1958, the provision which relates specifically to the General Powers of the Election Commision states:-

(a) exercise control and supervision over the conduct of elections and the registration of electors on the electoral rolls, and shall enforce on the part of all election officers fairness, impartiality and compliance with Part VIII of the Constitution and this Act and any regulations made thereunder;

(b) have powers to issue to election officers such directions as may be deemed necessary by the Commission to ensure effective execution of Part VIII of the Constitution and this Act and any regulations made thereunder;

(c) have power to administer any oath required to be taken under this Act and any regulations made thereunder; and

(d) execute and perform all other powers and duties which are conferred or imposed upon it by this Act and any regulations made thereunder.

The Perak State's Constitution seems to suggest that the EC has a power to decide if a Member of the State Assembly has resigned or otherwise. But the Election Act above clearly states the general power of the Commission with respect to elections.

See link for discussion on this:

http://harismibrahim.wordpress.com/2009/02/04/what-does-the-perak-state-constitution-say-and-what-ought-the-ec-to-have-done/

It would be interesting to see if this matter is litigated, to decide if EC has any adjudicative power to decide, or are they merely a Body to accept the notification from the State Assembly Speaker and then proceed to an Election.

Consumers' Rights

In our daily dealings with clients, we would occasionally have clients seeking advise on issues which may be too trivial for a Firm to take up, but unfair to the client to not have legal redress. We have had Clients complaining over spoilt loaf of bread, damaged laundry, faulty new radio etc etc.

We would recommend that you seek redress at the Consumer Tribunal. The Consumer Tribunal would hear cases where the consumer was, for example, misled or suffered an unfair practice. A consumer may complaint about the quality of product or service of not attaining a reasonable standard. The filing fee is only RM5.00 per complain and the Forms used to file the claims can be obtaijned at the Consumer Tribunal Office itself.

This Tribunal does not require lawyers, and the Judges hearing there, are fairly sensitive to Consumer rights and they will try their best to help you. You would save legal fees and have the opportunity to present your own case like the lawyers you see in TV.

For more info, please visit the Consumer Tribunal's website at:-

http://ttpm.kpdnhep.gov.my/portal/index.php?option=com_frontpage&Itemid=1

You can also send an e-mail to us at enquiries@rwl.com.my

You there in the rear seat... Buckle Up !

Dear Readers,

The Road Transport Department (RTD / JPJ) recently enforced the rear seat belt rule. The power to impose this rule emanates from the Road Transport Act, particularly the Subordinate Legislation of the Motor Vehicles (Safety Seat Belt) Rules 1977.

Basically the rules state:-

1. All Rear Seat Passengers have to buckle up. An exception is where there are 4 passengers, where the 4th Passenger need not buckle up;

2. If a passenger is caught in the act, and the passenger is 17 years old or above that age, that passenger bears the Fine.

3. If the passenger is below 17 years old, the Driver is to pay the fine.

We found this Q & A in Motor Trader's website, which we are of the view to be fairly useful. However, if you have any further enquiries, you can always contact us.

http://www.motortrader.com.my/NUS/articles/article_1729/page_m.asp

Thank you.

Regards,

Richard Wee