LATELY, we have been seeing many photographs and a lot of video footage of handcuffed men and women in orange T-shirts bearing the words “Lokap SPRM”.
These are people who have been arrested by the Malaysian Anti-Corruption Commission (MACC) in connection with its investigations. Lokap SPRM is the Bahasa Malaysia term for the MACC lock-up.
Some of these men and women have been or will be charged in court for offences such as offering or soliciting bribes and abuse of power. If they are guilty, they will be punished.
But what if the wrongdoing is partly to do with how the private sector operates?
If businessmen believe that greasing someone’s palm is an acceptable way to get ahead of the competition, and if a company’s culture tolerates or even encourages corrupt practices, why should the employees be the only ones held accountable when the authorities enforce the law?
It is not easy, however, to prove that a company has criminal intent.
This will matter less if there are provisions in the law that deem companies responsible if employees commit certain offences in the course of their work.
This concept of corporate liability for the crimes of employees has been introduced in countries such as the United States, Britain and Australia.
Malaysia has long talked about introducing such provisions.
In July 2013, for example, Minister in the Prime Minister’s Department Datuk Paul Low said the Government wanted to introduce a “corporate liability law”.
The idea is to hold boards of directors and CEOs of companies responsible for bribes given by their employees unless it is proven that there are measures in place within the organisation to prevent corruption.
Since then, Low and senior MACC officers have several times brought up this matter.
It appears that the plan is to either amend the MACC Act or to come up with a fresh piece of legislation.
At one point, Low said the Bill would be tabled by March this year and that the new provisions would come into effect in 2018.
However, the draft legislation has yet to reach Parliament.
The latest update was from MACC deputy chief commissioner (operations) Datuk Azam Baki, who was quoted in a Sin Chew Daily report this week saying that the Cabinet had approved the Bill for the Corporate Liability Act and that it would be tabled in October.
It is understandable if the business community is less than enthusiastic about this.
There is always the fear that an employer will be unfairly blamed for an employee’s lack of integrity.
There is also the well-worn argument that complying with additional rules and regulations will increase costs amid already challenging conditions.
It is likely, however, that the new provisions are applicable only if the companies cannot demonstrate that they have done all they can to prevent the offences, or if they are negligent in addressing the risks of such offences being committed.
We will have to wait and see.
Meanwhile, businesses should examine their practices and procedures.
It is definitely in the best interest of a company to ensure that its employees understand well that corruption is not part of its corporate culture.
For that matter, corruption should not be part of any culture.
- Sunday Star Says
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