Make haste on corruption

THE recently constituted Institutional Reform Committee has its work cut out. Corruption is high on the agenda as it attracted a lot of attention and focus during the recent general election.

The public is concerned over the perceived sad state of affairs on corruption. It would be a fallacy and naivety to believe that corruption entered the Malaysian scene only over the past 10 years, however.

As a backdrop, the fight against corruption took a fresh turn in 2009. The concern was to address the worrisome prevailing rising trend of corruption in Malaysia. The then existing Anti-Corruption Agency (ACA) was deemed to be practising selective prosecutions. It was also felt that the agency had lost its independence and was serving vested interests.

Under the premiership of Tun Abdullah Ahmad Badawi, the Malaysian Anti-Corruption Act (2009) came into force, leading to the establishment of the Malaysian Anti-Corruption Commission (MACC) together with its independent oversight panels comprising individuals from the public.

In this context, congratulations are in order for the recent appoint- ment of the new chief commissioner Datuk Seri Mohd Shukri Abdull, who served as MACC deputy chief commissioner (Operations) together with Datuk Seri Mustafar Ali, the other deputy chief commissioner, under the helm of chief commissioner Tan Sri Abu Kassim. All three ceased to serve the MACC from the mid-2016.

The fight against corruption has been anything but easy. Obstacles include inadequate laws while some of the existing ones need to be reworked to meet their desired objectives.

One glaring observation is that the MACC falls under the purview of the prime minister. The head of the anti-graft body is “just another civil servant” who serves at the pleasure of the executive, hence the episode of officers being suddenly transferred out and subsequently being reinstated.

Institutional reform begs that this situation be redressed immediately. The Commission should be made truly independent and the chief commissioner given security of tenure as accorded to judges. The Commission should be given the authority to recruit the best and be remunerated accordingly.

Will the new government have the required political will and acumen to make this a reality? This is what true institutional reform entails.

A positive development in the fight against corruption is the recently enacted Corporate Liability provision by the previous government. This allows corporations to be charged for offering bribes.

Specific provisions of the MACC Act which are deficient should be amended to mirror the Hong Kong Prevention of Bribery Ordinance to give the Commission more clout.

Will the work of the Department of Integrity and Good Governance at Putrajaya be continued?

A Misuse of Public Office Act should also be given due consideration.

At the end of the day, politics is the mother of corruption. It has to be addressed.

A sizeable amount of money was seized when raids were conducted on the home of the former prime minister.

This discovery has set a lot of tongues wagging and a political party has made a claim on the money. Are these funds the proceeds of political funding?

It is, however, not baffling as the current prime minister has openly stated that many had donated to the then Opposition’s campaign prior to the general election. It came with the caveat that as elections were now over, no further contributions or “gifts” should be entertained. Without the force of law, one can’t help but wonder if this is just wishful thinking.

To show true institutional reform, the Political Funding Act should be enacted. When this was first proposed by the previous administration, it was reported that the then Opposition was not in favour.

Now that the tables are turned and the general election won on the cornerstone of eradicating corruption, is it too much for the rakyat to expect to have this Act implemented?

Let’s move with haste. Stop paying lip service to what needs to be done. Make the MACC truly independent. Introduce the Political Funding Act and Misuse of Public Office Act.

These will be a challenge, but in the world of politics, things can go either way. The rakyat awaits. WALTER SANDOSAM Kuala Lumpur