Are election manifesto legally enforceable?

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Does PH have to keep their ‘100 days 10 promises’ pledge?

Are election manifesto legally enforceable?

In May 2018, Malaysian Opposition Coalition wins the General Election for the first time since independence.Before the shocking win happened, the  Opposition Coalition Pakatan Harapan unveiled their 60-point election manifesto also known as the “Book Of Hope”.  As a part of their electoral manifesto, which focuses on the 5 main pillars, Pakatan Harapan has made a pledge to fulfill 10 promises in their first 100 days if they were to win the General Election in 2018.

In August 2018, it has come to light that Pakatan Harapan is not able to fulfill their 100 day manifesto and it may take them more than 5 years to execute their plans.  Because of this, some Malaysians express their frustrations against Pakatan Harapan inabilities to fulfill their manifesto and have organized a rally called “100 days of False Promises” to protest the Pakatan Harapan government who has allegedly lied to them.

The question here is now is Pakatan Harapan obligated to fulfill their manifesto?

Firstly, What is a manifesto?

A manifesto is a public declaration of policy and aims, especially one issued before an election by a political party or candidate. A manifesto is drawn up by a political party to win the hearts of the people so that they will get their votes to win the election.

Is the political party bound by their manifesto? Is it a crime to break manifesto promises?

Simple answer. No.

In 2013, a group of  women of the Selangor Single Mothers Association took the state  government and the then menteri  besar to court  for reneging on their election promise of giving allowances to single mothers in the state.

During the 2008 General Election, the Pakatan Rakyat coalition ('Pakatan Rakyat') issued a campaign manifesto that in the event Pakatan Rakyat were to be elected in Selangor, the State Government of Selangor would give an allowance to every single mother in Selangor However, upon being voted to power, the State Government did not introduce such allowance scheme. 

The case went up all the way to the Court of Appeal which held that an election manifesto is not legally enforceable. Justice Hishamudin Yunus agreed with the Menteri Besar lawyers that the manifesto “was not a legally binding document” and a person “aggrieved at the unfulfilment of an election manifesto cannot seek to enforce the manifesto”.

Justice Hishamudin Yunus further explains in his judgment that  government should not be bound by an election manifesto. The obligation to honour an election promise, must at best, be only a moral obligation. A manifesto contains promises by a political party made during the campaign period prior to an election in order to attract votes. They are not solemn promises or representations made by a government. A political party and the government are two different legal entities and they remain so, notwithstanding that the political party that made the promise in its manifesto wins the election and eventually forms the government.

Conclusion

In conclusion, legally a manifesto is not enforceable. It is the parties’ moral obligation to fulfill the promises that they make in order to make the rakyat to vote for them in the first place. It is wise that a party try to fulfill their manifesto promises, if not, in  GE15, they might not get votes from the rakyat anymore and forever be known as a party who renegades on their promises.