
Charles Dickens wrote the classic ‘Tale of Two Cities’ set in the latter part of the 18th century amid the evolving times and republicanism. Malaysia is not to be outdone: we have the “Tale of Two Men”, equally gripping and set in current times.
It was just before the 2022 general election that an entrepreneur uttered the infamous words, as reported in the local press, that a political party would “come after you” if it came into power. It is obvious that the entrepreneur was not part of the ruling party at that time.
These words were directed towards a senior graft buster who, the entrepreneur opined, was not acting in good faith when investigating his company’s activities. The inference was presumably, “interference” and lack of “independence”.
After the entrepreneur was elected as an MP and appointed a minister, he claimed, to much chagrin, that his words were only “political soundbites,” not meant to be taken literally but as general statements on combating corruption.
Alas, we now look upon the current predicament of this former minister. Would circumstances be different had he taken decisive action then, to make good on his words? Such action could have included replacing the senior graft buster for deemed bias and possibly political influence.
Fast forward to current days: a probe has been completed on an AI-related foreign semiconductor investment deal involving the government, with papers submitted to the attorney-general; the question is whether such perceived “biasness”, which was deemed to have existed then, is still in the ecosystem of corruption investigations.
Civil service processes
The investigation is said to be about the processes. This situation does not reflect well on the minister then in charge of the ministry “processing” this deal, given that the same person is involved, where alleged misconduct has been alluded to.
Processes in the civil service can be contaminated. For example, the chief secretary has not commented on a civil servant’s shareholdings, which potentially breaches Standing Orders. No guesses as to who the civil servant is.
The deputy-president of a prominent political party has openly expressed her reservations. Another prominent lady from a party holding the most seats in the unity government has spoken about a “get-out-of-jail card” reminiscent of a popular board game.
It must be borne in mind that after much negativity prevailed, a new top graft buster will be appointed on May 13th, coincidentally an infamous day in local history.
For perspective, a point to note is that said entrepreneur was found by a court of law some years back to be not guilty under a charge under the then Banking Act.
The primary reason for the acquittal was that the evidence provided by the prosecution did not meet the stringent standards as called for in Section 61 of the Evidence Act, insomuch as that photocopies of documents were provided (as opposed to original copies).
Essentially the acquittal, in some minds at least, rested on a technicality – missing the woods for the trees – in exposing confidential banking information. There was much rejoicing, as it presumably reflected the bravado of said person in uncovering a case which had attracted national attention. It involved the husband of a prominent politician.
A question here on ethics and integrity. It would be good to recall who were in the cohort of rejoicers, which included those who understand the law to have added an educated perspective.
Ironically, the person who exposed a scandal of major public interest is now the subject of an anti-corruption investigation.
Political turbulence
Some questioned why the auditor-general was not involved when the government entered into a procurement deal. If there are elements of corruption then the MACC is called in. Surely, the A-G has earned her stripes in the HRD Corp audit!
To add flavour and another twist, the head of the investigative agency is the same person against whom the “political soundbites” were directed. A reversal of fortunes no doubt.
Amid all this turbulence, it is commendable that Nurul Izzah Anwar, a senior political leader of a party elected on a platform of reformation has written in this space.
She has not minced her words, passionately drawn, and made no bones about what troubles her regarding the agency itself when it comes to issues of trust and independence.
She commented on the appointment of the new MACC chief commissioner and the need for “a hard reset towards absolute impartiality” including expectations given his past experience as a High Court judge.
Whether he can weather the storm and captain the MACC personnel to act without political interference remains to be seen. He has much to do; transfer of officers out should be on the cards; else culture remains
Structurally, as a civil servant, he reports to the prime minister. When rubber hits the road, all hell may break loose.
‘Sound of silence’
Root cause analysis is a part of training for an internationally certified internal auditor. Some cannot be faulted for opining that possibly, the reporting line itself is a restraint, subject to the length and tension exerted on the leash
As for the transparency Nurul Izzah called for, it is in-built in the MACC Act 2009. Speaking as one who has served on MACC oversight panels, such transparency should be at the core of what is expected, especially of the Operations Panel and Advisory Board.
Their members should not subscribe to the “sound of silence. They need to engage with the public and bring transparency.
This could be the new chief’s first task: remove retired civil service pensioner seat-warmers who are ingrained in “kami yang menurut perintah” (we who follow orders) and reboot the agency.
It is refreshing that two women leaders have taken the bull by its horns. It is reminiscent of the mood and spirit which led to the MACC Act 2009. Unfortunately, we have regressed and literally fallen off the precipice. It is a resurrection after 17 years.
The fight against corruption needs brave matadors of the fairer sex! Hopefully they are not impaled. The tale of the two men continues….
The views expressed are those of the writer and do not necessarily reflect those of FMT.