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Tag: Elected President

  • EP Voting Process ‘Must Not Be Turned Into A Farce’

    EP Voting Process ‘Must Not Be Turned Into A Farce’

    Should an election still be held for an unopposed presidential candidate? Would some Singaporeans view the proposed changes to the Elected Presidency (EP) as the Government facilitating a preferred candidate next year?

    These were among the questions raised on Sunday (Sept 18) in the latest of a series of dialogues on the EP scheme and the Government’s White Paper released on Thursday.

    Responding to the question on whether an unopposed candidate should still secure a majority vote to become the President, Law and Home Affairs Minister K Shanmugam said Singapore must ensure the voting process is not opened up to criticism and ridicule.

    The scenario of an individual who steps forward to run for the position but does not get a majority vote could make Singapore a “laughing stock”, he said, as the country would not have a President and would have to call another election.

    “We must balance between the ability to represent and also make the process something that doesn’t turn into a farce,” Mr Shanmugam said to the 1,300 residents and grassroots leaders from Central Singapore District who attended the dialogue.

    He referred to how founding Prime Minister Lee Kuan Yew had won elections unopposed, with no question whether Mr Lee lacked the moral authority, given that he had presented himself for elections but no one wanted to contest against him.

    “We have the rules — people can take part. If they don’t take part, then whoever takes part becomes the President. I think it’s a neater process,” he said.

    Mr Shanmugam had spent about 40 minutes of the two-hour session at the Institute of Technical Education College Central explaining the Government’s response to the Constitutional Commission’s recommendations.

    In response to a participant who doubted Singaporeans would vote for a minority candidate, Mr Shanmugam said that while the majority of Singaporeans are capable of voting for a minority President, race remains a factor within a segment of the population.

    Referring to the Group Representation Constituency system, which guarantees minority representation in Parliament, he noted how it prevented people from discussing race during elections.

    Another question asked was whether five terms, or 30 years, is too long before a reserved election is called for a particular race that has not had an Elected President.

    To this, Mr Shanmugam said: “Many people would say we don’t need (a reserved election), many people will say we need it, and it cannot be 30 years (or) five terms — it should be shorter. The Government is trying to do what is right here.”

    And on whether the Elected President from a reserved election would have the moral authority to disagree with the Government, he noted that regardless of race, the President has to meet the same qualifying criteria.

    These candidates would also have to prove themselves and win the most number of votes if there is a contest. “I think such a person will have the credibility and competence to say no to the Government when necessary,” he added.

    While there are potential minority candidates from the private sector, Mr Shanmugam declined to name any when asked if he could identify some potential Malay candidates under the higher qualifying threshold, given that it has been a while since Singapore had a Malay president.

    To another question, he said the Council of Presidential Advisers should not be elected to avoid politicising their roles.

    And on the suggestion that the qualifying criteria be pegged to a percentage of the country’s Gross Domestic Product, Mr Shanmugam said there could be other qualifying criteria to consider in future.

    Speaking to TODAY, Bizlink senior trainer Zainbu Mohamed Ghouse, 57, felt that the session seemed to centre on the Government’s plans for the EP rather than on reaching out to the ground.

    “We feel that the purpose of having this session was just for formality, just to let you know that you’re being heard, but it may not be the situation,” said Ms Zainbu, who is also a grassroots member with Jalan Besar Bendemeer Residents’ Committee.

    But businessman Terry Lee, 47, who is a grassroots leader with Potong Pasir Neighbourhood Committee, said the session was useful to him, as he will be able to verbalise some of the issues raised to other residents.

     

    Source: TODAY Online

  • Govt Puts Up White Paper On Elected Presidency Scheme

    Govt Puts Up White Paper On Elected Presidency Scheme

    Proposed changes to the Elected Presidency (EP) gathered pace on Thursday (Sept 15), after the Government released a 49-page White Paper on the recommendations by a commission tasked to review specific aspects of the scheme.

    The Government has broadly accepted the recommendations — which were released last week — but it disagreed on some of the nuts and bolts, such as the minimum tenure in qualifying office for public-sector candidates, the threshold for Parliamentary override on President’s decisions and when the President’s opinion should be published in the event that he exercises his veto.

    The Government also detailed its reasons for rejecting a return to the previous system of having Parliament appoint the Head of State — a recommendation which was beyond the commission’s terms of reference. Among other reasons, it reiterated that a President who is elected, with direct mandate from Singaporeans, would ensure that the office has the moral authority and mandate to disagree with an elected Government. The EP scheme remains the “most workable and effective solution” for Singapore at this moment, the Government said.

    The amendments to the scheme will be introduced at the Parliament sitting next month and Members of Parliament will debate on the White Paper in November.

    The nine-member Constitutional Commission, headed by Chief Justice Sundaresh Menon, was tasked with studying the eligibility criteria for prospective candidates for the Presidential Election, safeguarding minority representation in the presidency, and the framework governing the exercise of the President’s powers. The commission’s report was submitted last month, after six months of deliberations involving public hearings and written submissions from the public.

    Among other proposals, the Government has accepted the recommendation to raise the bar for candidates to keep up with the times: Prospective private sector candidates would have to have helmed companies with S$500 million in shareholders’ equity, up from S$100 million in paid-up capital.

    However, the Government will be taking a more cautious approach when it comes to minimum tenure for qualifying offices. While the commission had proposed that the requirement be doubled to at least six years, the Government is retaining the existing minimum tenure of three years.

    While the Government agreed with the commission on the need for a currency requirement – which specifies the period where the tenures have to fall wholly or partly within – it said that it would proceed cautiously on this by setting the period at 20 years of a Presidential Election, instead of 15 years as recommended.

    For public sector qualifying offices, the Government has opted to retain the offices of Accountant-General and Auditor-General on the list, despite the commission’s suggestion to remove these because they play “ancillary and comparatively narrower roles” compared to other qualifying offices. The Government said would like to consider this recommendation “more carefully” and would retain the status quo for now.

    To safeguard minority representation, the Government will adopt the “hiatus triggered” mechanism recommended by the commission where presidential elections will be reserved for a particular race which has not been represented in the office for five consecutive terms. “It strikes an appropriate balance between maintaining the ultimate long-term goal of multi-racialism, and ensuring the representation of minority races in the Presidential office as we progress towards that ideal,” said the Government.

    The Government also agreed with the commission that the President should consult the Council of Presidential Advisers (CPA) on all fiscal matters and key public sector appointments, and any disagreement between the President and his advisers will have to be brought before Parliament. But it disagreed with the proposal to calibrate the threshold for Parliamentary override according to the level of support among the council for the President’s decision. Doing so could unintentionally politicise voting patterns within the CPA instead of emphasising “the collective judgement of the council as a whole”, the Government said.

    Beyond its terms of reference, the commission called for stricter rules on presidential election campaigns, citing instances of candidates overpromising beyond the powers of the President in the 2011 polls. They proposed, among other things, a clampdown on acts which could divide people or flame emotions. The Government said it would study this carefully and decide on the necessary changes to the rules governing campaign methods and preventing misinformation “in due course”.

    Speaking at a dialogue yesterday organised by the South East Community Development Council – which was attended by some 400 grassroots leaders and residents – Law Minister K Shanmugam addressed questions on the White Paper from the participants, such as on the shorter qualifying tenure proposed by the Government, and whether the changes went against the concept of meritocracy and would slow down decision-making processes.

    In response, Mr Shanmugam pointed out that all candidates, regardless of race, will have to possess certain qualifications before they can run for President. Replying to a question on whether the changes were meant to prevent certain individuals from contesting in the next presidential election, which must be held by August next year, Mr Shanmugam reiterated that Singaporeans need to ask themselves if the changes being made are valid and in the interests of Singapore. The vast majority of the participants agreed with him that the President should hold custodial powers and be elected, and successful candidates should meet some criteria and these should be reviewed regularly. “Do we as a Government do what is right, based on the system, or do we worry (that) some people are going to say this is to knock out people we don’t like?” he said.

     

    Source: TODAY Online

  • Mohamed Jufrie Mahmood: Elected Presidency Has Become A Joke!

    Mohamed Jufrie Mahmood: Elected Presidency Has Become A Joke!

    The primary objective of having AN ELECTED PRESIDENT is to arm him with the moral authority to SAY NO to the government of the day. Millions need to be spent to achieve this objective. Then they make the whole exercise futile by clipping his powers by subjecting his custodial responsibilities and decisions to the agreement and consent of a bunch of unelected PAP errant boys. Do they think that Singaporeans are fools? This is what you again and again get from another bunch, made up of scholars who pay themselves millions and whose main objective is to retain power. To do that they have to pre-occupy themselves with moves to screw up the system.

     

    Source: Mohamed Jufrie Bin Mahmood

  • Tan Kin Lian: I’m Unlikely To Stand In Presidential Elections 2017, Even If I Qualify

    Tan Kin Lian: I’m Unlikely To Stand In Presidential Elections 2017, Even If I Qualify

    Even if the bar is raised for presidential candidates, he is still likely to qualify to stand for office.

    But Mr Tan Kin Lian, 68, is adamant he will not stand in the next Presidential Election (PE).

    Mr Tan, who stood in the 2011 PE, told The New Paper yesterday: “Well, I didn’t get many votes the last time… I don’t see anything that will happen to make me change my mind.

    “I’m sure there are many, many qualified people, so I don’t think there’s any need for me to come forward.”

    The Constitutional Commission, which was tasked by Prime Minister Lee Hsien Loong to review the elected presidency, released its recommendations on Wednesday.

    Among them were:

    • Unbundling the president’s symbolic and custodial roles. An appointed president will play a symbolic role as head of state, while an appointed body of experts could take over the custodial functions;
    • Tightening the eligibility criteria for candidates;
    • Ensuring minority representation by triggering reserved elections; and
    • Requiring the president to consult the Council of Presidential Advisers before exercising his discretion in all fiscal matters touching on Singapore’s reserves, and all public service appointments.

    Mr Tan, the former head of insurance cooperative NTUC Income, received the lowest number of votes – 4.9 per cent – in the 2011 PE, which was won by Dr Tony Tan Keng Yam with 35.2 per cent of the vote.

    Former MP Dr Tan Cheng Bock placed second, followed by former civil servant Tan Jee Say.

    IT CONSULTANCY

    Mr Tan Kin Lian, who now runs his own IT consultancy, said he had hoped for the president’s role to extend beyond its custodial and ceremonial duties.

    Speaking to TNP in his office, he said: “I wanted the president to be more (of) an office for the views of the people to be heard. That’s why I campaigned on the voice of the people, which, I think by now it’s quite clear, is not welcome.

    “That’s the extra reason why I shouldn’t be running. I might get into trouble,” Mr Tan added before breaking into laughter.

    Asked if he felt the president’s role is too narrowly defined or limited, he said he had not read anything in the Constitution that said the president should not be allowed to comment on anything.

    If that is the case, better to make the president’s role a ceremonial one, he said, adding that he was in favour of the commission’s idea to revert to an appointed president and then unbundle the president’s custodial and ceremonial roles.

    “But even a ceremonial president sometimes feels that there is moral duty to speak up. For instance, in Malaysia, the Sultan of Johor spoke out on issues which he thought were important… Even a president without powers should also be allowed to speak out.

    “Unfortunately, not enough people supported my idea,” said Mr Tan, alluding to his poor showing in 2011.

    CONSTITUTION

    Singapore Management University constitutional law expert Jack Lee told TNP that the Constitution does not expressly say the president cannot comment on matters.

    But what it does say is that the powers of the president are split into two categories – those he may exercise in his own discretion over reserves and appointment of public service officers, and those he must act in accordance with the advice of the Cabinet.

    “(In the Constitution, it) sounds like the president can listen to the Cabinet’s advice, but choose not to follow. But legally speaking, it means the president has to follow what the Cabinet says,” Assistant Professor Lee explained.

    This is contrary to what some of the 2011 presidential candidates did. Mr Tan, for instance, said he would introduce state pensions for the elderly, which is a breach of election rules.

    Under the commission’s recommendations, a criminal sanction could be imposed on candidates who breach election rules.

    Asked about this, Mr Tan would only say: “I think it was targeted at me.”

    He declined to comment further.

    To him, the most important is the commission’s recommendation of returning to a system of appointed presidency, and unbundling the president’s roles.

    “I find the current system of elected presidency to be unworkable. Take a look at what happened to (former) president Ong Teng Cheong. He tried to understand what his duty was and tried to fulfil his duty. But he found it so difficult. So it’s unworkable.”

    The late Mr Ong was involved in a dispute with the Cabinet over the access of information regarding Singapore’s financial reserves.

    Mr Tan added that “25 years is a long time to realise that the elected presidency is not working well”.

    “You just cannot carry on because if one day the president decides to act against the wishes of the Government, how do you resolve that? That can be very difficult,” he said.

     

    Source: www.tnp.sg

  • Ravi Philemon: Only Political Decision Will Disqualify Dr Tan Cheng Bock From Presidential Race

    Ravi Philemon: Only Political Decision Will Disqualify Dr Tan Cheng Bock From Presidential Race

    The Report by the Constitutional Commission to review the Elected Presidency was released by the Government earlier today. By all accounts, it is a very comprehensive report which had considered the submissions and views of several different people and organisations.

    After reading the Report, what stood out for me was the Commission’s determination to clearly demarcate Constitutional and Political ambits of the Elected Presidency.

    For example, the Commission reported that “one pair of contributors submitted that after the experience of the last 25 years, the Elected Presidency should be abolished and Singapore should return to a system where the President is appointed by Parliament.” The Commission noted that this submission is “a matter that falls clearly beyond the Terms of Reference (of the Commission). The choice of constitutional design and arrangements to achieve particular ends are quintessentially political questions. They should be left to the Legislature or, in extreme circumstances, the electorate voting in a referendum.”

    Throughout the Report there are several such references which clearly specify that the Office of the Elected President is as much a political construct, as it is a constitutional one.

    The Report, for instance, referred to some contributors suggestion to defer “the implementation of any proposed changes to the qualification criteria so as to prevent candidates who might previously have qualified to contest the Presidential office from being excluded from contesting the 2017 Presidential elections.” I was one of the contributors who made that submission.

    The Commission said that “the question of whether and when any amendments should be introduced is a political matter for Parliament to determine.”

    If the Constitutional Commission’s Report are accepted and passed as legislation by Parliament, it will mean that Dr Tan Cheng Bock who had previously qualified for the Presidential Election will now not qualify for several reasons.

    For one, the commission recommended increasing the S$100 million paid-up capital threshold to S$500 million in shareholders’ equity, in absolute terms. According to Law Prof Eugene Tan, Dr Tan Cheng Bock fulfilled the elected presidency criteria in 2011 because he was the Chairman of Chuan Hup Holdings for 20 years. Prof Tan calculated that the paid-up capital of Chuan Hup was about $177 million when Dr Tan retired in 2011, exceeding the $100 million minimum.

    Another reason why Dr Tan could be disqualified is because of the Commission’s proposal that “when a member from any racial group has not occupied the President’s office for 5 continuous terms, the next Presidential elections should be reserved for candidates from that group.”

    Singapore has not had a Malay President for six terms, since Yusof Ishak. And has not had one from the Eurasian community since President Benjamin Sheares.

    Some contributors like me had suggested to the Commission that in the event the Commission decides on changing the existing criteria of qualifications for the Elected President, it should include a ‘grandfather clause’ in the changes which would allow the candidates who qualified to contest in the 2011 Presidential Election to do so in the next Presidential Election.

    The Commission has decided that such a decision should be a political one for Parliament to determine. And the People’s Action Party has a super-majority in the House to advance its political agenda.

    Read the full report here: http://bit.ly/2cs9O1a.

     

    Source: www.raviphilemon.net