Posts Tagged Malaysia

MACC’s DPP Kevin Insists Notices To Lawyer Rosli Properly Issued

KUALA LUMPUR, 8 June – Kevin Anthony Morais, the Malaysian Anti-Corruption Commission (MACC)’s deputy public prosecutor, today stressed that issuance of notices against lawyer Datuk Rosli Dahlan were done according to the law.

Anthony Kevin Morais

Anthony Kevin Morais

Testifying at the High Court here today, Morais said that he still had valid grounds to issue the notices.

Denying that the notices had been issued for improper motives, he insisted:

“They were issued based on investigations and accordance to the law.”

Anti-Corruption Agency (ACA) was upgraded as MACC, an independent Commission in 2009.

Morais added that he had reason to believe that a crime had been committed under Section 11(a) of the then Anti-Corruption Act 1997 based on investigations carried out by investigating officer Saiful Ezral Ariffin.

Section 11(a) provides that any agent who corruptly accepts or obtains any gratification as an inducement or a reward for doing any act in relation to his principal’s affairs or business commits an offence.

Morais, former Deputy Director of MACC’s Legal and Prosecution Division claimed that he issued the notices premised on that suspicion.

Denying that the notices had been issued for improper motives, Morais as quoted by Free Malaysia Today insisted, “They were issued based on investigations and accordance to the law.”

Rosli had been charged in the Sessions Court in October 2007 for allegedly failing to declare his assets pursuant to notices dated July 17, 2007 and August 16, 2007 issued by Morais.

He was, however, acquitted in December 2010 without his defence being called.

Morais acknowledged that Sessions Court judge Abu Bakar Katar had rejected the reasons given by him for the issuance of the notice.

He also admitted the notices issued to Rosli and Datuk Ramli Yusoff, former Bukit Aman Commercial Crime Investigation Department Director, were inter-connected and that Judge M Gunalan had found that he had issued the notices “under strange circumstances in that it was based purely on the unsubstantiated and unsupported allegations by a complainant with dubious character having antecedents.”

“I was informed by the prosecutor who handled the case that the judge did not accept my reasons for issuing the notices,” Morais testified during cross-examination, “but I do not agree”.

Denying that the notices had been issued for improper motives, Morais insisted, “They were issued based on investigations and accordance to the law.”

He added that he had reason to believe that a crime had been committed under Section 11(a) of the then Anti-Corruption Act 1997 based on investigations carried out by investigating officer Saiful Ezral Ariffin.

Section 11(a) provides that any agent who corruptly accepts or obtains any gratification as an inducement or a reward for doing any act in relation to his principal’s affairs or business commits an offence.

He needed to declare his assets to enable the Anti-Corruption Agency to investigate whether he held any assets for Ramli, Morais said.

“However, in (Rosli’s) written reply, he did not comply with the orders but instead gave his opinions and raised questions on the matter,” he said.

The trial continues on Tuesday, June 9, 2015.

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Institutionalised corruption

By : NST 4th June 2015

EIGHTY per cent is a huge fraction of a total and when that many percentage points of any organisation is corrupt the picture is frightening. More terrible is the information that the problem cannot be rectified because the law is inadequate and those who must act will not. Why? It would not be a surprise if the whole caboodle is somehow implicated.

Institutionalised corruption

Institutionalised corruption

Unfortunately, this is no supposed situation, a figment of the imagination. According to the Special Branch, this is the picture revealed as a result of 10 years of “covert, deep-cover surveillance and intelligence gathering” of the nation’s border checkpoints. The officers of the enforcement agencies stationed at these checkpoints are on the take.

They include those from the Immigration Department, the Malaysian Maritime Enforcement Agency, the Anti-Smuggling Unit and the police’s General Operations Force. And, many of these officers are on the payroll of syndicates smuggling drugs, weapons and humans, too. It is as if they moonlight as enforcement officers.

This is institutionalised corruption fused with organised crime and pervades the agencies. So insidious is the problem that when an officer was asked to name names of those involved, his reply was: “…easier if you asked us for the names of officers who were not on the take”. And thus is pronounced the most spine-chilling problem that this country faces.

Is it any wonder that there are death camps on the border and that street crimes are becoming ever more violent, with armed criminals becoming the norm rather than the exception? Corruption is poking holes into the country’s security. And, what if these agencies are corrupt wherever they operate, not merely in border areas?

Meanwhile, the 20 per cent not involved are, according to the Special Branch report, the pious, religion being the shield keeping seduction at bay. But they are a paltry number at risk of dangerous elements who are legitimately equipped to kill. They are, therefore, not the natural recourse to correcting the situation.

Even if they were at the upper echelon, it is questionable whether they can move their corrupt minions to comply with any order to clean up their act.

The home minister, rightly outraged by the revelation of the extent of corruption, has spoken of a changeover of the guards at the border areas. A shake-up is indeed absolutely necessary, but will replacing the agencies with the military work as intended? Is the soldier any more upstanding than the other uniformed services?

Furthermore, to rely on the military is tantamount to literally declaring war on criminals. While attractive, the proposed solution might have the impact of creating a dangerous situation. Whither the civilians in these locations? Will night curfew, say, be imposed? Corruption must end but when, as alleged, it has become institutionalised, how?

In some countries, facing the firing squad is considered a solution, especially when justice is somewhat summary. Such a move, however, is too drastic.

Whatever the case, the enemy within needs to be routed out. But, is the Malaysian Anti-Corruption Commission fully equipped to fight this level of corruption?

Read More : http://www.nst.com.my/node/86930

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DON’T DOUBT, MAKE MACC GREATER

By ROHAIZAD YAAKOB
•Rohaizad Yaakob is Director, Strategic Communication Division, Malaysian Anti-Corruption Commission

• Rohaizad Yaakob is Director, Strategic Communication Division, Malaysian Anti-Corruption Commission

It is interesting to read Form over substance in fighting graft, which appeared in MalaysiaKini today. We wish to forward our thanks to TKChua for sharing his thoughts and concern about the war fighting corruption in Malaysia.

I understand where the writer comes from based on his thoughts and concerns but allow me to share my view in this case, especially in regards to the MACC’s roles and responsibilities, and its effectiveness in fighting corruption.

As a dynamic organisation there is always a room for argument in regards to the MACC’s roles and effectiveness in fighting corruption at large.  From my humble understanding, I like to bring my points to answer two components: one on the question that there is no improvement since the Anti-Corruption Agency (ACA) was upgraded as an independent commission – Malaysian Anti-Corruption Commission (MACC) in 2009. And, the second concern is related to the following question – whether there is a need to give a greater power to the MACC.

In fact, the MACC has already moved far ahead beyond the expectations of the people since 2009. The statistics itself is evidence. The number of convictions during the MACC (2009-2014) has tripled to 1,234 cases compared to 429 cases from 2003-2008 – during the ACA era. In addition, the conviction rate has increased from 54 per cent in 2009 to 84 per cent in 2013, where the conviction rate stands around 80 per cent since last two years. This shows that Malaysia has achieved the international standard.

Since embarking in its Transformation Programme in 2009, the MACC also has recorded efficiency in-term of investigation. The MACC managed to complete 85 per cent of the cases during the current year. This is an increase from 74 per cent in 2011. There are other evidences to prove the MACC had achieved tremendous gains since its establishment in 2009.

In the meantime, as the people want a country that is free from corruption, we must let the people understand and differentiate between corrupt cases and otherwise.

The writer had also cynically argued about the existence of independent panels that monitors the running of the MACC. These panels consist of 46 members all together, that representing the general public, and had contributed to the development of the MACC. For example, one of the oversight bodies, Operations Review Panel (ORP) has been recognised by the United Nations Office on Drugs and Crime (UNODC). The ORP has recommended 60 cases which were considered no merit for prosecution by the Public Prosecutor, to be revised. Eight cases were managed to be brought to the court. This development is a concrete proof that MACC Act 2009 has given a new dimension and has enhanced the effectiveness of the MACC.

The writer questioned whether the MACC should be given more power. The answer is yes. This is not only the MACC’s wish. But this was also the request forwarded by various stakeholders such political parties, professional bodies and non-government organisations which insisted that the MACC should follow ICAC Hong Kong, KPK Indonesia, and even the China anti-corruption agency, to ensure the MACC has greater credibility and capability to combat corruption.

As new developments taking place, if we were to achieve greater heights, we should consider to give additional strength to the MACC as any other organisation, where we have witnessed formulation and amendments of various laws and regulations since we gained independence.

The establishment of the ACA to replace the National Bureau of Investigation (NBI) in 1982 was to ensure that investigation into corruption cases were handled effectively and just focusing on corruption cases only. This was also due to the fact the public had expected the NBI to look into all matters even if it was not related to corruption.

Subsequently, the MACC Act was approved by the Parliament in 2009 to ensure that a new commission that is transparent and independent is established in Malaysia. This was also as result of public’s demand and political will of the government. However, at that time there was no concrete step to give the MACC with adequate power. Most of the provisions were inherited from the previous act.

Various developments since 2009, not only at the domestic level but also at the international arena, had insisted that there is a need to give greater strength and power to the MACC.  This includes provision by UNCAC to establish a special service commission.

As the MACC faces limitation under the current act, suggestion to empower the MACC also came from the independent oversight bodies especially the Parliament Special Committee on Corruption and the Anti-Corruption Advisory Board. This suggestion emerged after the court’s decision that there is no provision in the MACC Act to request anyone to complete the declaration of the asset until there is element of reasonable to believe corruption offences has been committed.

One of the suggestions is the amendment to Section 36 of the MACC Act 2009. Currently, the MACC does not possess the authority to demand for the declaration or property by anyone unless required in an investigation under an offence stipulated in MACC Act 2009.  Section 36 of the MACC Act requires investigation in relation to any offences of corruption made in advance by the officer of the MACC and should reasonable grounds are found that any said property held or acquired by the suspects is the result of corruption; only then notice demanding declaration of the property can be issued.

Section 36 is not similar to Section 10 of the Prevention of Bribery Ordinance (PBO), Hong Kong, exercised by the ICAC Hong Kong. The latter however allows the ICAC Hong Kong to investigate if they found any person with unusual rich but in Malaysia not. Thus, the MACC also need a new provision to compel any person living beyond means – possessing properties or adopting a lifestyle disproportionate his known sources of income may lead to a perception that his wealth is acquire through dubious means, to declare their assets.

Based on previous experience especially as a result of a court decision, the MACC often faces constraint to investigate under Section 36 of the MACC Act.

But to commence an overt investigation on his acquisition or possession, investigation first to be carried out and found that any property is held or acquired by him as a result or in connection with an offence under MACC Act 2009. We need to show the acquisition is by unlawful means first. To do that there must be a basis that there is an unlawful activity before an investigation can commence. In short, in a murder case a dead body will trigger an investigation but in corrupt investigation, ownership of big bungalow can trigger covert enquires to be conducted but it cannot be a starting point of investigation for him to declare his assets.

On the other hand, the provision on misconduct in public office is much needed to address issues of leakages and wastages in the financial management of government agencies due to the lack of integrity and commitment in exercising their duties and responsibilities. This legal provision, which was introduced in Australia and Hong Kong to prosecute public officials who have failed to exercise their duties with integrity, has been in existence for the past 15 years in Hong Kong whereby through its Common Law, public officials can be prosecuted for acts involving corruption even when evidences may not be strong or substantial. The outcome of such legal provision has been effective in curbing corruption and misconduct among public officials as evident in the numerous cases and convictions.

In view of this, such a provision is worth to be considered in Malaysia to ensure that public officials are penalised for such misconducts and corrupt act that have resulted in losses in national revenues.

The writer also cynically posted a question: “When you see a building that was not supposed to there, you know someone has taken some money to approve it. When you see uncollected rubbish, you know someone was paid but did not do his job. When you see opulent living beyond comprehension, you know someone has easy money.” This shows that the writer wants the MACC to investigate every happening in Malaysia although the allegations do not always related to corruption.

Corruption must be combated from all fronts including through moral, psychological and spiritual means.

 

  • Rohaizad Yaakob is Director, Strategic Communication Division, Malaysian Anti-Corruption Commission
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SSM Tandatangani CIP, Bukti Komitmen Berterusan.

Sumber : www.sprm.gov.my/cip-ssm2015.html

KUALA LUMPUR, 10 Mac – Suruhanjaya Syarikat Malaysia (SSM) hari ini menjadi agensi keempat di bawah Kementerian Perdagangan Dalam Negeri, Koperasi dan Kepenggunaan (KPDNKK) yang memeterai Ikrar Integriti Korporat (CIP) sebagai salah satu komitmen berterusan kearah tadbir urus yang berintegriti dan telus.

Menterinya, Dato’ Sri Hasan Malek berkata selain dianggap sebagai bukti komitnen, ikrar ini sejajar dengan inisiatif berterusan SSM dalam konteks memperkasakan integriti di agensi tersebut.

SSM Tandatangani CIP, Bukti Komitmen Berterusan.

SSM Tandatangani CIP, Bukti Komitmen Berterusan.

blog3 blog2 blog1(Galeri Gambar Penuh : http://bit.ly/1Af6hrd )
Rakaman Sidang Media : http://youtu.be/FdX2t_F9QQw )

Katanya, ini kerana soal  integriti serta amalan perniagaan beretika bukanlah suatu perkara baru pada agensi berkenaan memandang telah melaksanakan beberapa inisiatif kearah persekitaran perniagaan berintegriti.

“Terdahulu, kita telah terbitkan dua buah buku dalam konteks amalan baik menjalankan perniagaan sebagai panduan kepada peniaga menjalankan perniagaan secara baik.

“Ini sahaja sudah memperlihatkan keseriusan SSM dalam memberi komitmen kepada kepentingan integriti dalam perniagaan,”katanya ketika berucap pada majlis berkenaan.

Pada majlis yang diadaka  di Dewan Tun Razak, Menara Berkembar Bank Rakyat itu, Hasan hadir bagi menyaksikan majlis menandatangani integriti diantara Ketua Pegawai Eksekutif SSM, Zahrah Abd Wahab Fenner dengan SPRM yang diwakili oleh Timbalan Ketua Pesuruhjaya (Pencegahan), Datuk Mustafar Ali.

Menyentuh kepada beberapa insiden membabitkan integriti pegawai di bawah kementerian berkenaan, Hasan menegaskan bahawa pihaknya tidak akan berkompromi sekiranya mereka yang terbabit dikenakan tindakan.

“Saya harapkan mereka tidak terlibat dalam apa yang disebut dan jika benar  mereka terlibat saya tidak akan bersubahat.

“Jika didapati bersalah, beri hukuman yang setimpal kerana perbuatan sebegini (tidak berintegriti) membahayakan negara,” katanya.

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Wakil UNODC Puji Inisiatif SPRM

NAY PYI TAW, Myanmar – Kerajaan Myanmar telah memuji langkah yang diambil oleh Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) dan Kerajaan Malaysia dalam usaha pencegahan rasuah serta penglibatan dalam inisiatif penubuhan Pasukan ‘Task Force United Nations Covention against Corruption’ (UNCAC) sehingga berjaya menyelesaikan proses penilaian dalam tempoh setahun.

SPRM diberikan pengiktirafan semasa 'National Seminar on Implementation of UNCAC' di Myanmar pada 20 dan 21 Januari 2014 anjuran Pejabat Pertubuhan Bangsa Bersatu mengenai Dadah dan Jenayah (UNODC) dan Pejabat Pendakwa Raya Myanmar.

SPRM diberikan pengiktirafan semasa ‘National Seminar on Implementation of UNCAC’ di Myanmar pada 20 dan 21 Januari 2014 anjuran Pejabat Pertubuhan Bangsa Bersatu mengenai Dadah dan Jenayah (UNODC) dan Pejabat Pendakwa Raya Myanmar.

Banyak soalan telah ditujukan kepada wakil-wakil Malaysia sepanjang seminar dua hari itu berlangsung bagi mendapatkan penjelasan mengenai inisiatif yang telah dilaksanakan oleh Malaysia.

Dalam pembentangannya, Pesuruhjaya Komisi Anti-Rasuah Bhutan En. Kezang Jamtsho memuji usaha yang dilaksanakan oleh Kerajaan Malaysia dan SPRM dalam membanteras rasuah serta bantuan pembangunan kapasiti yang disediakan oleh pihak Akademi Pencegahan Rasuah Malaysia (MACA).

Tujuan seminar ini diadakan adalah untuk membantu Myanmar dalam memberikan penerangan lanjut mengenai peruntukan UNCAC khususnya Artikel 5 dan 6 UNCAC serta peranan yang boleh dimainkan oleh kumpulan sivil dan sektor swasta berdasarkan Artikel 12 dan 13 UNCAC.

Selain itu, seminar ini bertujuan untuk membantu Myanmar mengatur strategi membanteras rasuah dan memastikan Myanmar mematuhi semua peruntukkan dalam UNCAC.

Peserta juga diberikan penerangan mengenai penyediaan untuk menghadapi proses penilaian Bab III dan IV UNCAC oleh Myanmar pada pusingan ini.

SPRM diwakili oleh Pengarah Bahagian Pengurusan Rekod dan Teknologi Maklumat Tuan Hj. Nor Azmi Karim dan Ketua Cawangan Perhubungan Antarabangsa SPRM Tuan Karunanithy a/l Y. Subbiah.

Semasa seminar itu, Nor Azmi telah membentangkan kertas kerja bertajuk ‘UNCAC Institutional Requirements’ berdasarkan kehendak Artikel 6 dan 36 dengan menerangkan bagaimana SPRM telah melakukan transformasi dari BPR kepada SPRM yang jelas telah mematuhi keperluan Artikel-artikel tersebut.

Di samping itu, Nor Azmi telah dijemput untuk menjadi pemudahcara bagi Sesi Ke-4 Seminar tersebut yang melibatkan peranan sektor swasta dan kumpulan sivil dalam membanteras rasuah.

Manakala, Tuan Karunanithy telah membentangkan kertas kerja bertajuk ‘Review of Implementation of UNCAC: Malaysia’s Experiences on the Review Process’.

Beliau telah menerangkan pengalaman SPRM selaku ‘focal point’ dalam membuat persediaan untuk menghadapi proses penilaian sehingga dapat melengkapkan proses penilaian dalam tempoh masa setahun.

Beliau turut memaklumkan 23 amalan baik yang telah dikenal pasti oleh pihak penilai yang wajar dicontohi negara-negara lain.

Seminar ini turut disertai oleh wakil PEMANDU, Lokman Yahya, yang telah membentangkan Pelan Transformasi Kerajaan (GTP) 2.0 serta usaha-usaha NKRA Memerangi Rasuah.

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Transformasi SPRM bawa impak positif

Oleh : Berita Harian

Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) yang dibentuk Januari 2009, sedang melalui perubahan besar dari segi polisi dan strategi bagi memperkasakan usaha memerangi rasuah dengan cekap dan berkesan. 

Perubahan itu antara lain menyumbang kepada peningkatan berterusan dari segi kadar sabitan kes dibicarakan sejak 2009. 

“Terima kasih kepada Program Transformasi Kerajaan (GTP), Jabatan Peguam Negara dan program transformasi SPRM. Kita sudah mencapai kadar sabitan 71 peratus pada 2010 berbanding 54 peratus pada 2009, 75 peratus pada 2011 dan diikuti 85 peratus pada tahun lalu,” kata Ketua Pesuruhjaya SPRM, Tan Sri Abu Kassim Mohamed.

Ahli-Ahli JKMR yang dilantik oleh YDP Agong

Ahli-Ahli JKMR yang dilantik oleh YDP Agong menerima laporan tahunan SPRM 2012 yang diserahkan oleh Ketua Pesuruhjaya SPRM

Abu Kassim menyerahkan Laporan Tahunan 2012 SPRM kepada Jawatankuasa Khas Mengenai Rasuah (JKMR) pada 6 November 2013 selaras dengan Akta SPRM 2009.

Jelas Abu Kassim, pencapaian kadar sabitan 85 peratus tahun lalu menunjukkan paras itu lima peratus lebih berbanding piawaian ditetapkan badan antarabangsa untuk pencapaian terbaik.

Di bawah program transformasi yang memfokus usaha merangka pelan meningkatkan kecekapan dan keberkesanan usaha memerangi rasuah, SPRM menggariskan perubahan persepsi masyarakat ke arah positif sebagai antara elemen penting.

Pelan berkenaan menetapkan tiga segmen iaitu pengurusan sistem dalam keberkesanan siasatan, pengurusan sistem dalam pencegahan dan pendidikan serta pembangunan modal insan.
Transformasi berjaya

Pelan transformasi terbukti berjaya dan keputusan memberangsangkan meletakkan kedudukan Malaysia hampir dengan Hong Kong dalam usaha memerangi rasuah, kata Abu Kassim.

Pelan transformasi antara lain membawa kepada pengenalan bilik temu bual bervideo (VIR) dan Bilik Gerakan Operasi Siasatan serta Mahkamah Sesyen Khas Rasuah.

Bukan saja SPRM mencapai kadar sabitan kesalahan yang berkualiti, kata beliau, SPRM turut meningkatkan perkhidmatannya dalam memenuhi kehendak masyarakat dengan memfokuskan lebih kepada kuantiti, contohnya ikan jerung.

Pada 2012, SPRM memperoleh kejayaan besar dalam operasi dijalankan. Antara operasi yang berjaya adalah berhubung kes sindiket penjualan lot bazar Ramadan, penyeludupan minyak diesel, pemalsuan dokumen, sindiket haji ekspres dan penyelewengan dalam Projek Pembangunan ISKANDAR Malaysia.

“Operasi bersepadu SPRM berjaya membongkar dan seterusnya mengenakan tindakan undang-undang terhadap mereka yang terbabit dalam kegiatan tidak berintegriti,” kata Abu Kassim.

Seramai 313 orang berjaya dituduh tahun lalu iaitu 33.5 peratus membabitkan kakitangan awam, 53 peratus orang awam, 13 peratus sektor swasta dan 0.5 peratus ahli politik.

SPRM melalui Laporan Tahunan 2012 turut mengemukakan 30 syor kepada agensi kerajaan bagi memperbaiki sistem dan prosedur masing-masing.

INFO: Kadar sabitan 2009 – 2012
2009 – 54 peratus
2010 – 71 peratus
2011 – 75 peratus
2012 – 85 peratus

Jumlah kes diterima SPRM 2009 – 2012
2009 – 5,936
2010 – 5,646
2011 – 6,475
2012 – 5,496

Laporkan Rasuah: 1-800-88-6000

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MACC Form Strategic Alliance With China Academy Of Discipline , Inspection & Supervision

BY : Yip Ai Tsin

BEIJING – A simple but meaningful visit on 25 November 2013 by the Malaysian Anti-Corruption Commission (MACC) to the China Academy Of Discipline, Inspection & Supervision (CADIS) enabled bridges to be built between both sides.

Led by Deputy Chief Commissioner Dato’ Zakaria Jaffar, the two-day visit to  CADIS included the Malaysia Anti-Corruption Academy Director Dato’ Abdul Wahab Abdul Aziz. The visit serves as an initial foundation of ‘constructing a bridge’ for MACC’s strategic alliance with CADIS. Hopefully it will generate more individuals who will be trained as qualified anti-corruption officers.

MACC Form Strategic Alliance With China Academy Of Discipline , Inspection & Supervision

MACC Form Strategic Alliance With China Academy Of Discipline , Inspection & Supervision

Dato Zakaria, in his discussion, remarked that Malaysia has no doubt about choosing CADIS as collaborative partner based on its excellent track records. CADIS has been well-known for producing world class professional anti-corruption officers and it is also a long standing provider of quality and accommodating experience, as seen in MACA’s previous collaboration with CADIS.

The focal objectives were to produce competent and professional anti-corruption officers of international standing. Considering that Malaysia is the anti-corruption hub for the Asian region, it is in an advantageous position to lure participants from other Asian countries to pursue programs at MACA.

There was also a short visit to China Ministry of Supervision Vice-Minister Hao Minjin’s office. Mr Hao expressed support for this venture as he believed this kind of effort will be beneficial to all. Furthermore, this is also in-line with the government transformation program as well as the MACC Chief Commissioner’s mission to elevate the status of MACC through anti-graft  initiatives abroad.

During the meeting at CADIS campus in Hanjian District Beijing, Dato’ Abdul Wahab was involved in a broad range of discussions to further the international development agenda between both academies. He thanked CADIS Executive Vice-President Wang Yongjun for extending the collaboration.

He added that MACA is looking forward to materialize this initiative. Evidently, this initiative proved that MACA supports technical assistance, knowledge transfer and exchanging of ideas among the international community.

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Minister to IAACA Delegates: MACC & MACA Successful In Upholding Governance and Integrity

PANAMA CITYThe setting up of a Governance and Integrity Ministry by the Malaysia government bears testament to the strong political towards achieving a corruption-free society, said Minister in the Prime Minister’s Department Senator Datuk Paul Low Seng Kuan to the international delegates.

Malaysia Joined OECD Working Group on Bribery in International Business Transaction

Malaysia Joined OECD Working Group on Bribery in International Business Transaction

During the Conference of State Parties to the United Nations Convention Against Corruption on 25 November 2013 hosted by the Panama government, he also highlighted the success stories and achievements of the Malaysian Anti-Corruption Commission (MACC) as well as the Malaysia Anti-Corruption Academy (MACA).

Among the highlights of his keynote address:

1) MACC

Fashioned after the ICAC of Hong Kong (SAR), the MACC unlike its predecessor, is now “detached” from the Prime Minister’s Department and reports directly to the Anti-Corruption Advisory Board and the Parliament (Select) Committee on Corruption.

Additionally the MACC’s core functions of prevention and investigation are scrutinized by the Corruption Prevention and Consultation Panel, the Operation Review Panel and a Complaints Committee.

A Service Commission has also been formed to streamline hiring of specialized resources, and the status of the Chief Commissioner is being elevated to be on par with the Auditor General, Attorney General and Judiciary in terms of his independence.

2) MALAYSIA’S KEY ANTI-CORRUPTION INITIATIVES

Hand-in-hand with punitive and integrity measures as per the MACC Act 2009, the Government has also implemented several additional initiatives under its NKRA – Fighting Corruption Strategy as follows:

1.    Enactment of the Witness Protection Act 2009.

2.    Enactment of the Whistle Blowers Protection Act 2010.

3.    Setting up specialized courts to try corruption cases.

4.    “Name & shame” data base for offenders prosecuted for corruption offences.

Additionally, we have also embarked on other integrity enhancement initiatives:

·         Corporate Integrity Pledges (CIP) by companies or corporate bodies to uphold principles of integrity in doing business (to date about 279 CIPs have been signed).

·         Integrity Pacts (IP) between the Government and its vendors not to participate in corrupt practices.

·         Electronic procurement processes to ensure transparency and reduce human interaction in bidding, etc.

·         Doing away with lobbying through the use of “support” letters to influence decision makers.

·         “Hot” job rotation exercise – to overcome officials establishing unhealthy relationships with suppliers.

·         Reducing bureaucratic delays – cutting down usage of long complicated processes, one-stop centre for government services.

 

New initiatives of the Government include:

·         Removing middlemen in Government Procurement.

·         Inclusion of criminal liability of legal persons clause in the MACCA 2009.

·         Amending existing provisions of the MACCA 2009 in regards to asset declaration.

One recently announced development is that the MACC will head and oversee Integrity Units in all Ministries, Government Departments and Agencies (mainly high-risk organisations). The Units will be headed and supervised by experienced officers from the anti-graft body itself.

 

3) INTERNATIONAL COOPERATION

On 2nd September 2010, Malaysia was one of the first to sign the Agreement for the setting up of the International Anti-Corruption Academy (IACA) – a joint initiative between the UNODC – and contributed RM 1 million towards its initial establishment. The Chief Commissioner of MACC currently serves as the Vice Chairman of IACA’s Board of Governors.

The MACC is also one of ten Southeast Asian Anti-Corruption Agencies to have signed a MoU on Preventing and Combating Corruption within the region – called the South East Asia Parties Against Corruption (SEA-PAC).

4) PROCESS OF REVIEW

Comments made by the experts from the Philippines and Kenya in the recently concluded desk review and country visit processes on Malaysia’s implementation of Chapters III and IV of UNCAC have been noted and taken to serve as a positive guide for our future improvements.

With regards to this, Malaysia would like to thank the Secretariat and these experts for having done an excellent job during the first review cycle for Malaysia. Some of the successes and good practices in implementing Chapter III and IV of the Convention are:

·         14 specialized anti-corruption courts have been in existence since 2011. Judges are instructed to hear cases within one year and can be held accountable for non-compliance. Other initiatives which helped to reduce the case backlog were the introduction of pre-trial conferences and plea bargaining.

·         Various initiatives on corruption prevention are carried out with the private sector, such as integrity pacts, monitoring committees for large projects and integrity pledges. Large Malaysian corporations regularly employ Integrity Officers and have no-gifts policies in place. MACC provides training for the private sector and has seconded a small number of MACC officers to large companies.

·         Malaysia has in place specialized and skilled manpower who actively cooperate with their foreign counterparts. Dedicated training, capacity building and exchange programmes – including through MACA – are among the international good practices for information exchange, cooperation and corruption prevention.

·         The use of joint investigations and an operational working group with Brunei Darussalam are good examples of law enforcement cooperation among countries at the policy and operational level.

5) KUALA LUMPUR STATEMENT ON ANTI-CORRUPTION STRATEGIES

On behalf of the anti-corruption authorities as well as national planning authorities from the 20 South, East and Southeast Asian countries (namely, in alphabetical order: Afghanistan, Bangladesh, Bhutan, Cambodia, China, Lao PDR, India, Indonesia, Republic of Korea, Malaysia, Maldives, Myanmar, Mongolia, Nepal, the Philippines, Singapore, Sri Lanka, Timor-Leste, Thailand and Vietnam) I would like to take this opportunity to make a statement formulated during the Asia Regional Meeting on Anti-Corruption Strategies held in Kuala Lumpur between 21-22 October 2013 organized jointly by UNDP Pacific Centre and UNODC Regional Centre for East Asia with the Government of Malaysia.

The Kuala Lumpur Statement on Anti-Corruption Strategies is formulated in line with Article 5 (1) of UNCAC which states:

Article 5 (1) of UNCAC specifies, that “each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.”

This statement does not pretend to supersede the UNODC/ UNICRI “Technical Guide to the United Nations Convention against Corruption” on Chapter II Article 5, but has been developed to fine tune and enhance said “Technical Guide” to further promote the implementation of the Convention in a sustainable and manageable manner by all State Parties, noting that compliance with the Convention is not an end by itself.

The participants at the Meeting which also represented State Parties to the Convention have agreed to a set of guidelines termed “The Kuala Lumpur Statement on Anti-Corruption Strategies” mainly because it was formulated at the host-country, Malaysia. The participants also support the commitment of Malaysia to make this statement officially at the Conference and urge that all State Parties to the Convention adopt these guidelines as complementary to the Technical Guide.

Allow me also to take this opportunity to thank the organizers of the Asia Regional Meeting on Anti-Corruption Strategies namely UNDP Pacific Centre and UNODC Regional Centre for East Asia for spearheading this initiative in anticipation of the Second Review Cycle on Chapter II of UNCAC.

6) COUNTRIES IN REVIEW BY MALAYSIA

Year 4 will see Malaysia reviewing both the good countries of Palau and Turkey.

Anti-corruption is a common task facing every country in the world, and strengthening exchanges and cooperation in anti-corruption has become an inevitable choice of the international community. Given differences in the level of economic development, political and legal systems, historical and cultural background, as well as in legislation, investigation, prosecution and punitive measures for fighting and preventing corruption crimes, countries and regions may be different in their anti-corruption work development. Nonetheless, we should, in the spirit of mutual respect, mutually benefit and support one another to jointly fight and prevent transnational corruption crimes.

 

7) MACA

I want to use this occasion to reaffirm that Malaysia stands committed to share and exchange information intelligence with our international anti-corruption counterparts. We shall continue to strengthen our international commitment through the provision of capacity and capability building and provide technical assistance to other member states.

The Malaysia Anti-Corruption Academy (MACA) offers training programs tailored to both local and international participants, and is one of the strong supporters of the IACA – which will be conducting one of the seven modules of its Masters in Anti-Corruption Studies Programme in Kuala Lumpur.

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Going after corrupt firms the right decision

WALTER SANDOSAM

THE Merdeka anniversary celebrations are always a time to reminisce about the past and inevitably it also entails looking towards the future. 

As the country acknowledges its past, it has to recognise that all may not be as one intended. 

The rapid economic progress has bred the cancer of corruption.

The Prime Minister’s comment “I want to make corruption a part of Malaysia’s past, not its future” in “Corrupt firms in hot water” (The Star, Aug 31) appears at first glance to be wishful thinking, yet it is a serious statement of intent.

Is this an achievable vision? Are the correct signals being sent out to society at large which continues to harp on corruption?

For any vision to become reality it has to be supported by the necessary infrastructure to achieve results. Relevant laws have to be introduced or existing ones strengthened to allow for successful prosecutions.

The proposed corporate liability provision which penalises companies involved in corrupt practices sends out the right message.

It signals the death knell for corporations which indulge in these unhealthy activities.

The “big fish” are essentially fed by such corporations to whom ethics and good governance play second fiddle to the ultimate objective of increasing shareholder value.

In this manner, the demand and supply side which continue to propagate corruption will be dealt with simultaneously.

Those who speak the loudest on perceived corruption levels which are then translated into results of corruption perception indexes now have to begin to appreciate that the landscape has changed.

Both individuals as well as corporations could be hauled up to court.

The enforcement authorities are taking the offensive by improving their capabilities in forensic accounting to investigate those whose assets are not commensurate with their income levels.

These are the structural changes which will no doubt bear fruit.

The greater challenge is to change prevailing mindsets of company directors and business owners to whom corruption has become standard operating procedure.

Enactment of laws can be done at the stroke of a pen – changing cultural norms takes much more work but is not an insurmountable task.

Has the correct signal been sent to the corporate community?

The MACC has trained and emplaced certified integrity officers namely in government agencies and government-linked companies.

That again is an infrastructure enhancement initiative albeit an important one in the fight against corruption.

Mindset change has to permeate to the operating level – the level that is the most prone to either receiving or accepting bribes.

It is a function of greed and not adequate remuneration. The greatest danger is if it is pervasive throughout the operating entity.

The regulators of companies operating in Malaysia should take the cue from the government’s stance on corruption to ensure that all directors have the correct mindset.

Mandatory training programmes for directors of public listed companies should include components that embrace ethics, integrity and governance.

There is a need for frameworks to buttress such initiatives. It is acknowledged that this is a long process but changing mindsets is a key ingredient if corruption is to be relegated to the annals of history.

Corporations which continue to operate unethically will be weeded out and have to face the law with regard to corruption.

Those who have participated in corporate integrity pledge exercises and regarded these as merely public relations exercises devoid of any commitment to anti-corruption principles should now be wary of the consequences under the corporate liability provisions.

It is the responsibility of business owners and directors to ensure that correct ethical values cascade to all levels of the company.

Integrity has to be a prerequisite disposition. Stakeholders at all levels of society have to take responsibility and not take the easy way out by blaming the operating environment or the enforcement authorities.

This is the way forward for a better Malaysia which is corruption free. It has to be a collective vision.

WALTER SANDOSAM

Kuala Lumpur

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Over 20 quizzed, 400 files scrutinised in Taib’s alleged corruption: MACC

by : Sin Chew Daily 1 July 2013

PUTRAJAYA, June 29 (Bernama) — More than 20 individuals have been questioned and 400 files scrutinised in the corruption case allegedly involving Sarawak Chief Minister Tan Sri Abdul Taib Mahmud to date, said the Malaysian Anti- Corruption Commission (MACC).

MACC Investigation Division Secretariat assistant commissioner Lim Bee Kean said the individuals were believed to be involved and cited in a Youtube video linked to the alleged case.

taib-mahmud

“Actually, investigations had been ongoing since June 2011, even before the video exposure,” she told a media conference at the MACC headquarters here today.

The video entitled,’Inside Malaysia’s Shadow State’ was allegedly a recording of a conversation between a personal investigator for a London-based non-governmental organisation, Global Witness and two of Taib’s cousins.

Lim said to expedite the investigation, a special team comprising 10 officers from the MACC, Attorney-General’s Chambers (AGC) and other agencies had been set up, and that the investigation report would be submitted to the AGC for further action.

She said once the investigation had been completed and a decision made by the public prosecutor, MACC’s Operations Assessment Panel (OAP) would be acknowledged on the status of the case.

“The OAP, an independent panel made up of individuals representing various professional backgrounds is tasked with ensuring transparency and impartiality in investigations carried out by the MACC, she said.

Lim said the MACC was also monitored by the Special Committee on Corruption, which comprised government and opposition state assemblymen and members of parliament.

She said the MACC conducted all the cases without fear or favour and in this regard, had received full cooperation from the individuals concerned including Taib.

“As in other cases prior to this one, the MACC will not divulge the investigation details, in accordance with Section 29(4) of the MACC Act 2009.

“As this case involves numerous documents and parties, the investigation will probably take time for the collection of evidence, statements and in light of new developments,” she said.

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