Weeding out the worrying graft and corruption among Malaysian youths and politicians !

MACC deputy chief commissioner (prevention) Datuk Shamshun Baharin Mohd Jamil

MACC reveals 'worrying statistics'

KUALA LUMPUR: More than 50% of those arrested by the Malaysian Anti-Corruption Commission (MACC) in the past three years were aged below 40.

MACC deputy chief commissioner (prevention) Datuk Shamshun Baharin Mohd Jamil expressed concern over the finding and said it as an “alarming situation”.

Of the 2,329 people arrested since 2014, 1,267 were below 40.

“People in this age group are supposed to be nation’s backbone, who will shape the future of our country,” he said in his keynote speech at a public forum organised by the Institute for Democracy and Economic Affairs (Ideas) yesterday.

Shamshun said about 982 investigation papers were opened, 932 people were detained and 258 charged by the anti-graft body last year.

“MACC plans to engage with youths this year. The Gen-Y group always finds an easy way. We have to guide them from young and create awareness of what is happening around them,” he said.

On MACC seeking more allocation, Shamshun said the extra funds were for them to implement what they planned for the year.

“We need more whistle-blowers who can voluntarily come forward to report or provide information on corruption activities.”

He said such individuals will be protected under the Whistleblower Protection Act 2010, that shields informants from action. – by Ashwin Kumar thesun

Weeding out graft among youths

KUALA LUMPUR: The Malaysia Anti Corruption Commission (MACC) will push on with efforts to eradicate corruption in the civil service in the face of budget cuts, says its deputy chief commissioner (prevention).

Datuk Shamshun Baharin Mohd Jamil (pic) told reporters that the commissions’ plan for 2017 would be to focus on Government agencies, as well as arresting the growing trend of corruption among youths.

Responding to questions on cuts to the MACC’s budget, he said it was an issue faced by all agencies, though the commission had appealed for more funding to carry out its plans.

“We can’t do everything at once because of (MACC’s) strength and budget. But my concern is also about how many of those arrested are under 40 years old,” said Shamshun Baharin, adding that 54% of those arrested (1,267 of 2,329 cases) were under 40.

He attributed the trend to the generation’s environment and wanting to take shortcuts, which MACC aimed to combat with the establishment of a corruption prevention secretariat in higher learning institutions.

During his keynote address at the Institute for Democracy and Economic Affairs (IDEAS) forum titled ‘Supporting the MACC in the fight against corruption’, Shamshun Baharin said 2016 had been a successful year for the commission.

He revealed that arrest numbers had gone up from 841 (2015) to 932 (2016), of which 258 suspects had been brought to court, as of Dec 15 last year.

At the event, IDEAS CEO Wan Saiful Wan Jan launched a signature drive under its #NyahKorupsi campaign, to support the MACC.

“Our goal is to have more Malaysians come out in support of the MACC because it has made more investigations and arrests of corrupt top officials. There may be a time when they will need our help,” he said.

He said IDEAS would collect as many signatures as possible before delivering it to MACC chief commissioner Datuk Dzulkifli Ahmad.

To sign the petition, visit www.change.org/p/sokong-sprm-perangi-rasuah.

The other forum panellist included Transparency International Malaysia president Datuk Akbar Satar, Centre to Combat Corruption and Cronyism executive director Cynthia Gabriel, Friends of Kota Damansara chairman Jeffrey Phang and Sinar Project co-founder Khairil Yusof. - By Qishin Tariq The Star/ANN

Just you wait, MACC boss warns corrupt politicians

MACC chief commissioner Datuk Dzulkifli Ahmad,

PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) has warned corrupt politicians to “be careful”.

Its chief commissioner Datuk Dzulkifli Ahmad, in a live television interview yesterday, said he had previously stated that he would take action on anyone involved in corrupt practices, including “politicians of any rank”.

“On my 100th day as MACC chief, I said that I will not be stopped from taking action against politicians.

“Tonight, I would like to say to corrupt politicians, just you wait (tunggulah),” he said.

Dzulkifli added that the MACC was not worried about “protected individuals” who committed systemic corruption.

“There is no issue about them being protected, I can guarantee that all those who commit corruption will not be left alone. I will take action against them without fear or favour,” he added.

But Dzulkifli admitted that the MACC had its limitations in terms of logistics.

“There are only 2,900 members and officers in the whole of the MACC, of which only 900 carry out legal enforcement as others are in the prevention and education departments, among others.

“Now if you look at the civil service alone, there are 1.6 million of them, so that is one.

“Besides that, is budget, that has been cut, and it is at its lowest since 2013,” he said.

Dzulkifli, however, added that he would not allow the limitations to stop the anti-graft body from carrying out its duties.

The Astro Awani interview is Dzulkifl’s first ever live interview since his appointment in July last year.

Dzulkifli, a veteran in the civil service, was the head of the National Revenue Recovery Enforcement Team of the Attorney-General’s Chambers before being appointed chief commissioner.

He took over from Tan Sri Abu Kassim Mohamed, and his tenure is until July 31, 2021.

 - By D. Kanyakumari The Star/ANN

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Wan Saiful Wan Jan

Thinking Liberally

Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs (www.ideas.org.my). The views expressed here are entirely
the writer’s own.

Separate the Attorney-General’s powers to correct a flaw in Malaysian legal system !

Tan Sri Abdul Gani Patail

Revise Attorney-General's powers

There is a flaw in our system, inherited since before Independence, that may prevent the public from giving their complete trust.

THE political challenges faced by Datuk Seri Najib Tun Razak continue to mount. He has issued several denials but his detractors are showing no sign of stopping.

Last week, internationally respected newspaper The Wall Street Journal published a story alleging that money from 1MDB somehow found its way into Najib’s personal bank accounts. Najib has denied any wrongdoing and he is said to be mulling legal action against the newspaper.

The response by Attorney-General Tan Sri Abdul Gani Patail is particularly noteworthy.

According to Gani, a multi-agency task force will probe the allegation, looking into the trail of money from 1MDB and examining if there has been any wrongdoing.

Even though Gani did not spell it out word by word, the implication is that our Prime Minister has not stopped agencies in his own Government from conducting what could become a criminal probe against him.

This is a healthy step and it is also the right decision by the Prime Minister. The whole saga has been a protracted one and I look forward to its conclusion.

According to reports that cited Gani, the multi-agency investigation team comprises the Malaysian Anti-Corruption Commission (MACC), the police and our central bank, Bank Negara.

I welcome the formation of this special team. It is imperative that all allegations are investigated thoroughly. To do so does indeed require cooperation from various agencies.

Having said that, I have a concern about how the public will react once this team concludes the investigation.

The most important element in any probe that involves public figures is public confidence. For the public to accept the outcome of the investigation, they must believe in the integrity of the agencies.

Unfortunately, there is a flaw in our system that may prevent the public from giving their complete trust. We inherited that flaw since before Independence and until today we have never tried to fix it.

The flaw centres on the dual roles of the Attorney-General. He is the principal legal adviser to the Government and he is also the one with sole discretion to decide whether or not to prosecute.

Yes, there are safeguards to ensure he makes prosecutorial decisions with independence and integrity. But that is a matter of procedures.

We are talking about a high-profile investigation where public confidence and public perception are just as important as everything else.

Imagine a situation where the investigation team finds that the allegations are false. They then submit their files to the Attorney-General.

The Attorney-General then would logically decide that there will be no prosecution. How will the public react to this?

My worry is that the public will simplistically say that we are seeing a cover-up. Of course, we will not know the detailed findings from the investigation and we can’t expect the agencies to be disclosing information in great detail either.

But we may end up with the public accusing the Attorney-General of merely protecting his boss whom he has been advising all this while. That would be most unfortunate.

However, we cannot blame the public for not fully trusting the system. Stories after stories have been told – whether concocted or true – about allegedly selective prosecution.

In our work on the MACC, we encountered many of these allegations. Critics target the MACC even when the agency has done its job to investigate, without realising that prosecution powers lie with the Attorney-General and not the MACC.

And among those who do know that prosecution is the discretion of the Attorney-General, a perception has developed that some people are always safe from prosecution, because they feel the Attorney-General has a conflict of interest. How can he be expected to prosecute the very people he is supposed to advise?

The fusion of the Attorney-General’s roles – as legal adviser to the Government and as public prosecutor – has resulted in decreased trust in the integrity of the system.

In cases that involve the Government, the public may not have full confidence in his decisions regardless of whether or not he is being independent and honest. And this time, it may result in a never-ending misery for the Prime Minister even if he is a victim of political sabotage.

I fully appreciate that the Prime Minister and the Attorney-General have thousands of other things to worry about at this moment in time. But for their own sake, this is a most urgent issue. The credibility of the Prime Minister is at stake here.

The roles of the Attorney-General must be separated. The Attorney-General should continue to advise the Government but we should create a new Public Prosecutor’s Office to decide on prosecution after the investigative agencies have done their jobs. This has to be done as soon as possible.

I appreciate that this is a major step. It requires a constitutional amendment because Article 145(3) of our Federal Constitution currently provides that the Attorney-General has absolute power to institute, conduct or discontinue any proceedings for an offence.

Additionally, the Criminal Procedures Code too will need to be amended because it currently says: “The Attorney-General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions under this Code”.

The changes should be debated in this parliamentary meeting. If this is not done now, will anyone be able to save the Prime Minister’s credibility, regardless of what the investigation team finds?

Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs ( www.ideas.org.my). The views expressed here are entirely the writer’s own.

By Wan Saiful Wan Jan thinking liberally

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 Fighting corruption must be serious !

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Fighting corruption must be serious !

We must separate the roles of the Attorney-General as legal advisor to the Government and Public Prosecutor who prosecutes cases in court.

IT has become fashionable for critics to express dissatisfaction every time the Auditor-General presents his report to Parliament. So when the second report this year was tabled on June 15, the reaction was generally expected.

But the reaction from Public Accounts Committee (PAC) Chairman Datuk Nur Jazlan Mohamed is particularly important. Nur Jazlan, who is also Ideas’ Council member this time, says that he is disappointed with the performance of many Government agencies because they have failed to improve.

He also said that not long ago he praised Government officials for showing improvements every time the Auditor-General’s report is published. But he felt compelled to retract that praise because this time it was particularly bad.

He went on to say that many of the problems originate from the attitude of civil servants. Apparently the quality of our civil servants has deteriorated, and they don’t even bother to read the rules.

When the PAC Chairman makes such a bold statement, you know that there is something really wrong in the way civil servants manage our money. It is ironic that the Prime Minister recently announced a bonus for our civil servants despite such abysmal indictment.

Under Nur Jazlan, the PAC has been doing a much better job in identifying weaknesses in Government machinery and in demanding accountability. In fact, thanks to the PAC, the public now knows about the risk posed by Pembinaan PFI Sdn Bhd, a Government-linked company that has one of the biggest liabilities among Malaysia’s GLCs. The company has been off the audit radar for almost 10 years, despite the large amount of debt that it has accumulated.

The work of bodies like the PAC is important in our push for better governance in the country. The issues the PAC looks into are not necessarily about corruption.

Their responsibility is wider, covering also problems such as leakages and failure to adhere to published policies and procedures.

Fighting corruption, on the other hand, is more commonly associated with the Malaysian Anti-Corruption Commission (MACC). I am still waiting to see if the MACC would act on a recent admission by Home Minister Datuk Seri Ahmad Zahid Hamidi that a Special Branch report found that around 80% of our border enforcement officers are involved in corruption.

Nevertheless, I am very aware that even if the MACC were to start an investigation, that is only half of the journey. The other half lies outside of the MACC’s jurisdiction, and that is the prosecution of corruption cases.

Our system is designed in such a way that the MACC, just like the police, can only investigate and not prosecute. Prosecution is the sole discretion of the Attorney-General, who doubles up as our Public Prosecutor.

I have no problem with the MACC not having the power to prosecute. In fact, I think it is right to keep prosecutorial powers away from the investigation agency. Back in 2012, we at Ideas looked into this issue and compared the experience of Indonesia and Hong Kong in fighting corruption.

We published the findings in July 2012 and concluded that it really does not matter whether or not the MACC has prosecution power. Instead, what is most important is the integrity of the judiciary and the Attorney-General’s office.

Any effort to improve the quality of MACC, therefore, will have to be accompanied by reform in both the judiciary and the Attorney-General’s Office. Focusing on the MACC alone is not sufficient.

If we want to see a more effective fight against corruption we must separate the roles of the Attorney-General as legal advisor to the Government and Public Prosecutor who prosecutes cases in court.

Let me justify that with a simple analogy using the case of the allegedly corrupt border enforcement officers.

Let’s say the MACC do investigate the allegation and find that the problem runs all the way up to Ministerial level.

The MACC then passes the files to the Attorney-General. How much confidence do we have that the Attorney-General will prosecute his friends in Cabinet?

It is obvious that as legal advisor to the Government, he is conflicted. How can he prosecute the very party he is supposed to advise?

There are actually many more proposals to improve the MACC that deserve public attention. If you are interested in this topic, I suggest you search for reports published by the Special Committee on Corruption now chaired by Tan Sri Abu Zahar Ujang. This bipartisan committee, whose membership consists of members of the Dewan Rakyat and Dewan Negara, regularly comes up with some very good ideas.

One of those ideas is for the MACC to be given independence in recruiting their own officers. This suggestion has been mooted since 2010 and it makes a lot of sense. To be truly independent, MACC cannot continue to be dependent on seconded staff from the Public Service Commission, because this creates a conflict of loyalty.

But unfortunately, this idea has not received the attention that it deserves from the Government. There are times when I ask myself if our Ministers are really serious in the fight against corruption. For if they are really serious, why are they ignoring sensible ideas coming from a committee whose membership is from among their own colleagues?

Don’t they realise that the longer they choose to do nothing, the more people will feel that they have things to hide?


By Wan Saiful Wan Jan, thinking liberally The Star

Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs (www.ideas.org.my). The views expressed here are entirely the writer’s own.

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