Law to punish those who cause loss of public funds
> Move to make civil servants more responsible, prudent and accountable
PUTRAJAYA: The Malaysian AntiCorruption Commission (MACC) is pushing for laws to punish civil servants who cause high losses in public funds through negligent and unethical practices in their respective government departments with criminal charges.
With current laws, civil servants who get off the hook for power abuse and corruption due to insufficient evidence or other technicalities merely face internal or disciplinary action.
The MACC believes without laws to address such misconduct, offenders can be let off simply with disciplinary action.
The MACC’s proposal is to have a law called the Misconduct for Civil Service Act.
MACC deputy chief commissioner (operations) Datuk Azam Baki (pix) said the proposed provision would be an alternative law to prosecute civil servants for misconduct and hold them responsible for losses to the public coffers, which they might have caused.
“The law itself, we hope will act as a deterrent to those who abuse their powers. It is to send out a strong message to wayward civil servants that they cannot get away scot-free after causing substantial losses in public funds even after they are cleared of elements of corruption and power abuse. This makes them more responsible and prudent when spending public funds, safeguarding them from leakages.”
He said currently, misconduct is dealt through provisions under the General Orders and Public Services Act, which are insufficient in deterring and penalising offenders.
However, Azam said the MACC hopes to integrate the law into the MACC Act and not have it as an independent one.
“It is relevant to the MACC’s work. A proposal has been made to the AttorneyGeneral’s Chambers and the MACC has almost completed the draft. The Chambers is very receptive to it and has advised us to prepare the Cabinet papers for perusal of the Prime Minister’s Department and lawmakers.”
He hoped the law will be in place next year after discussions with the Chambers, PM’s Department and lawmakers.
The proposal follows endless reports of malpractice and discrepancies in the management of public funds yearly by the Auditor-General with those responsible for massive losses going unpunished.
Meanwhile, Transparency International-Malaysia president Datuk Akbar Satar in lauding the proposal said prior to the law’s enactment, the MACC must carry out an in-depth study to iron out possible loopholes.
He said often civil servants responsible for causing financial losses had taken orders from their higher-ups, including politicians.
“However, when these civil servants run into trouble their bosses who gave the orders are often nowhere to be seen, leaving them to fend for themselves.
“Such civil servants are torn between doing the right thing and taking orders. There are ‘consequences’ they may face if they refuse and then there are consequences they will face when caught.”