Of Promises & Puffs

Of Promises & Puffs

Congratulations to the winner and challenger for the recent Manek Urai by-election. The rowdy supporters, fiery campaign, neck to neck competition between the candidates and last but least the slim victory are all the typical things that happen during a by-election.

One particular thing interest me, which is a news report saying that one very popular ‘politic-ist’ made report to the police with regards to election promises given by a politician, which the complainant believe they are all sham, thus contravene with the Elections Act 1954 or in Malay, Akta Pilihan Raya 1954.

Read the report (HERE)

As I read that news the question that went through my mind was whether it is possible to enforce promises made during a political campaign i.e. election promises.

Election promises are well known as politician’s mere rhetoric. It is common all over the world during campaign that such promises are spewed by interested parties with the sole purpose to garner support and votes. Some promises are a leader’s vision but some are just plain cakap-cakap kosong.

So, what is the legal position on this issue?

Election promises do not carry any legal binding obligation over the promissor against the promissee.  As in the case of Syarikat Taj Bena Sdn Bhd & Anor v. Koo Hock Chum [1998] 1 LNS 253, the judgment state that, “an election promise is in the nature of a salesman’s puff. It is for the purpose of attracting interest or attention”.

Furthermore, in the recent UK-Commonwealth case of R (on the application of Domb and others) v Hammersmith and Fulham London Borough Council [2009] All ER (D) 174 (Mar), the court held in the affirmative that election promises or manifesto cannot be declared by the court as valid unless ‘legitimate expectation’ exist.

In the Manek Urai scenario, the promise of a bridge given by BN should be accepted as an advertisement with the purpose to garner support. Until there is a legitimate expectation for the BN to fulfill that promise, they are not expected to fulfill it. The question now is how to establish legitimate expectation? The answer is simple, one must win an election for his promises to be good.

On practicality perspective, if election promises are downright enforceable, then the courts shall be swamped by cases of the same. This is because from the first general election till today, such promises are aplenty and most of them are mere puffs, cakap cakap kosong which eventually leads to cakap tak serupa bikin. The cartoon below should provide us a ‘good’ solution over this issue.

Cartoon from Cartoon Stock.com