The Malaysian Anti-Corruption Commission (MACC) Act came into fruition in 2009 to address gaps in the fight against corruption which the then Anti-Corruption Agency (ACA) was not able to address effectively. It included observations of selective prosecution and overall ineptitude.
It is sad that 16 years later, the scourge of corruption continues to haunt the country.
Enforcement agencies, including but not limited to the immigration, customs and the like, are consistently at the forefront — the most recent occasion being in response to the smuggling of cooking oil in Kelantan.
One shudders to think that this is only the tip of the iceberg. The fear that corruption is both systemic and endemic is not unfounded.
These deviants, better referred to as criminals for “stealing” the country’s wealth, are continually devising fresh ways of going about their corrupt practices.
Flawed governance and incompetent supervision have been suggested as factors.
The prime minister has acknowledged that the fight against graft remains the nation’s toughest challenge, citing the persistence of both grand and petty corruption.
He is quoted as saying the task at hand is “not easy” as “these people have political influence, have accumulated large wealth, and will try to sabotage” anti-corruption efforts.
While much attention has been on corruption in the peninsula, stunning and disturbing revelations have also arisen in one of the East Malaysian states.
In a highly publicised instance involving a purported whistleblower, the MACC, to its detriment, was perceived to have been lethargic in getting off the starting block.
The anti-graft body’s initial refusal to probe the matter — citing the poor quality of several video recordings — was not well-received. To its credit, MACC later redeemed itself with robust investigations.
Most recently, another instance has surfaced, involving a purported letter of support issued in relation to mining related matters. This time, MACC reacted quickly.
It should be remembered that “letters of support” carry with them, rightly or wrongly, an inference that bribery may be involved. It begs independent and unbiased investigations.
It is telling that attempts to discredit whistleblowers are gaining traction for the wrong reasons.
MACC should be commended for not granting privilege under the Whistleblower Protection Act in a recent case. Instead, it has gone on to charge a whistleblower, on the basis that the person was allegedly a party to an illegal act.
Episodes of systemic corruption must be viewed against the backdrop of political alliances; more so where support from certain political parties is needed desperately to keep the current governing coalitions in power.
All states are part of a whole, as we were reminded on Malaysia Day. Each should carry its weight in eradicating corruption — more so if it is perpetrated on their shores.
It should be noted that political financing is still up in the air in Malaysia, providing an opportune cloak of legality for corrupt politicians — something that is being exploited to the hilt. Pledges of reform on this front appear constipated. Where are the self-professed “noble” parties in ruling coalitions?
Herein lies the Achilles heel in the fight against corruption. The sooner this is realised, the better. No number of exhortations urging the nation to “rise against corruption” will suffice without the enactment of laws to regulate political financing.
A most recent comment by the MACC that those detained some weeks ago in counter setting operations have only now been instructed to declare their assets is perplexing!
With an offence predicate already established, it is logical to expect that those named in recent cases ought to have declared their assets at the onset.
It appears that the bar in Peninsular Malaysia is low as, even without charges, the MACC is already diligently “searching” for assets of certain ex-politicians in foreign jurisdictions.
Perhaps MACC’s should reconsider its priorities. Instead of looking to freeze the foreign assets of those who have yet to be charged (and their heirs), it should train its focus on the local front. That will surely produce better results.
Sadly, there is a culture deficit of accountability, trust and integrity in public service, both among civil servants and elected politicians.
The now fragmented political landscape has undermined efforts to fight corruption, with politicians literally giving up their soul by “tolerating” corruption simply because it is politically expedient. That may well explain the malaise hindering efforts to enact laws on political financing.
The MACC must rise above these constraints, yet the sobering reality is that its chief commissioner holds a post equivalent to any other civil servant, without security of tenure. This undermines institutional credibility.
The MACC’s oversight panels are charged to ensure that the body does not suffer the same fate as its predecessor, the ACA, on independence. Does it have the mettle to fulfil its mandate, or is its existence simply a symbolic gesture aimed at appeasing international benchmarks?
Ultimately the rakyat suffers. Overplaying the hand on good governance, and being deviously and opportunistically blind to core infrastructural inadequacies, is missing the woods for the trees.
The views expressed are those of the writer and do not necessarily reflect those of FMT.