Posts Tagged Malaysia
SUKACITA saya sebagai Pengerusi Jawatankuasa Khas Mengenai Rasuah ingin memberi respons kepada Kenyataan Media bertarikh 28 November 2015 bertajuk, “EAIC Mahu SPRM di bawah seliaannya,” yang dibuat oleh Pengerusi Suruhanjaya Integriti Agensi Penguatkuasaan (SIAP), Datuk Yaacob Md. Sam.
Setelah membuat kajian teliti dan terperinci, berkenaan kedua-dua Akta iaitu: (i) Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009 (SPRM) (Akta 694); yang diwartakan pada 8 Januari 2009 dan (ii) Akta Suruhanjaya Integriti Agensi Penguatkuasaan 2009 (SIAP) (Akta 700) yang diwartakan pada 3 September 2009, saya dengan sesungguhnya berpendapat bahawa cadangan Pengerusi SIAP adalah tidak wajar dan tidak perlu dipertimbangkan, dengan sebab-sebab seperti berikut:
(a) Akta SPRM 2009 (Akta 694)
Mengikut Seksyen 1 Akta SPRM permulaan kuat kuasa pada 1 Januari 2009. Bagi keseluruhannya Akta ini menumpukan kepada fungsi-fungsi dan kebertanggungjawaban lebih fokus dan spesifik kepada gejala-gejala Jenayah Rasuah. Setelah 1 Januari 2009 SPRM adalah sebuah Suruhanjaya bebas, yang betul-betul bebas dan tidak terikat kepada mana-mana agensi lain. Ini adalah selaras dengan kehendak Artikel 36, United Nations Convention Against Corruption (UNCAC), yang mana menghendaki suatu entiti pencegahan rasuah bebas dilaksanakan selaras dengan Seksyen 14(5) Akta SPRM 2009; saya selaku Pengerusi Jawatankuasa Khas Mengenai Rasuah, dianggotai oleh tujuh orang yang dilantik oleh Yang di-Pertuan Agong, yang terdiri dari kalangan Ahli Dewan Negara dan Dewan Rakyat termasuk wakil-wakil Ahli Parti Pembangkang..
(i) Mengikut Akta SPRM 2009 juga, pada masa ini, selain JKMR, SPRM juga dipantau oleh empat lagi Panel Bebas, yang terdiri daripada tokoh-tokoh profesional seperti bekas-bekas Hakim, Peguam Akauntan, Pegawai-Pegawai Tinggi Kerajaan, tokoh akademik, dan NGO-NGO.
(ii) Akta SIAP 2009 (Akta 700) diwartakan pada 3 September 2009. Ini bermakna Akta SIAP (Akta 700) diluluskan oleh Parlimen selepas Akta SPRM 2009 (Akta 694). Dengan jelas didapati bahawa mengikut Seksyen 1(4) Akta SIAP (Akta 700) ini menyatakan bahawa “Akta ini hendaklah terpakai bagi Agensi Penguatkuasaan yang ditetapkan oleh Perdana Menteri dalam Jadual”. Seterusnya, dengan jelas juga Seksyen 1(5), menyatakan “walau apa pun subseksyen (4), Akta ini TIDAK TERPAKAI bagi SPRM (Akta 694).
Saya berpendapat bahawa dengan jelas bahawa Akta SIAP (Akta 700) ini mempunyai TUJUAN dan fungsi-fungsinya bertumpu khas kepada peruntukan-peruntukan yang termaktub dalam Akta tersebut sahaja dan tidak sekali-sekali patut dikaitkan dengan Akta SPRM 2009 (Akta 694).
Justeru, Jawatankuasa Khas Mengenai Rasuah berpendapat tidak perlu meletakkan SPRM di bawah seliaan SIAP.
Saya selaku Pengerusi JKMR, dan juga Pengerusi keempat-empat Panel Bebas yang ditubuhkan di bawah peruntukan Akta SPRM 2009 ini, tentu sekali sedia mendengar pandangan untuk tujuan memperbaiki lagi perjalanan SPRM, tetapi bukannya bertujuan meletakkan SPRM di bawah SIAP. Malah saya sendiri bersama-sama Ahli Jawatankuasa JKMR dan lain-lain pemimpin-pemimpin, jika perlu bersedia untuk memberi penjelasan atau taklimat kepada pemimpin-pemimpin dan pegawai-pegawai SIAP mengenai perjalanan dan kedudukan SPRM sejak tujuh tahun yang lalu.
YB SENATOR TAN SRI ABU ZAHAR UJANG
JAWATANKUASA KHAS MENGENAI RASUAH
Tunku Abdul Aziz Tunku Ibrahim today said it was unfair and ridiculous for Transparency International President Jose Ugaz to say that Malaysia was facing a corruption crisis and a failed state.
“It is an unfair comment to make. Transparency International has been ill-advised,” said the Anti-Corruption Advisory Board Chariman.
Tunku Aziz Furious of TI Chairman Opening Speech for the 16th IACC (watch video here)
He refuted Ugaz’s statement, saying one unsolved case that had been “haunting Malaysia” does not prove that the country is in a crisis.
Ugaz, in his speech at the 16th International Anti-Corruption Conference (IACC) said Malaysia is facing a corruption crisis following the unanswered allegations of the RM2.6 billion “donation” which was allegedly transferred into Prime Minister Datuk Seri Najib Razak’s personal bank account.
“The speech made by the President of Transparency International (yesterday), where he repeated the charge that Malaysia is in a corruption crisis; I think that this statement is ill-advised; it was an ill-informed statement,” he said.
Tunku Aziz stressed that the Malaysian Anti-Corruption Commission (MACC) was, and is still investigating the case, adding that it was important to let the authorities complete their investigations, according to the law.
“I understand the case involves a huge amount but a proper and thorough investigation needs to be done before action can be taken. Why can’t they wait until the investigation is completed?” he asked.
Tunku Aziz said Ugaz’s sweeping statement was totally unacceptable and demanded an explanantion.
“If (the Prime Minister Datuk Seri) Najib (Tun Razak) is guilty and if the law says he should be hanged, then go ahead and do that, but I want to emphasise here that we are governed by the rule of law in this country. That is the basis of our legal system and civilisation,” said Tunku Aziz, adding that we should not allow emotions to get into the way of justice.
Over the years, Tunku said MACC, under the Government Transformation Programme, had undergone tremendous changes.
This can be seen from the conviction rates of cases, as well as the resources that have been made available to MACC to bolster the commission’s performance.
“MACC in the current situation, is as independent as you can get. There are independent oversight panels that look into its performance.
“I hope this incident will not be repeated,” he added.
PUTRAJAYA, Sept 2 (Bernama) -- Non-violent action is the most effective in combating corruption although it might take a longer time, said Vijay Anand, president of 5th Pillar, a non-governmental organisation (NGO) against corruption in India. He said any measure to prevent corruption by means of violence such as street protests would only bring harm to any country. "Whatever weapons we use, they (enemy) will use the same weapons. If you throw stones, you will get stones back, if you throw flowers, you will receive the same." Anand said this to reporters after presenting a paper titled, 'What is People Power and How Does it Impact Corruption and Impunity?' in conjunction with the 16th International Anti-Corruption Conference (IACC), here, today. Sharing the 5th Pillar experience during the presentation, Anand said it had introduced the 'Zero Rupee' note, a 'handy weapon' to fight corruption in India, especially among the authorities. The 'special' notes were printed with a message, "If Anyone Demands BRIBE, Give This NOTE and REPORT THE CASE." "Citizens need to be educated on the law, and procedures. By giving this note to any officer that wants a bribe, you don't even have to say a word," he said. Anand also said that some NGOs from countries such as Nepal and Macedonia, had voiced their interest in adopting a similar approach. -- BERNAMA
PUTRAJAYA, Sept 2 (Bernama) -- Journalists should play an important role in uncovering corruption cases, said Transparency and Anti-Corruption Officer of Egyptian Initiative for Personal Rights, Osama Diab. "Although journalists do not have executive power, their involvement can help raise public awareness on corruption, "Most of the revelation come in informal ways, led by researchers or investigative journalists," he told reporters when met at the 16th International Anti-Corruption Conference (IACC), here, today. He was earlier sharing his expertise during an IACC workshop session on 'Breaking Cycle of Impunity: Why Truth Telling and Accountability for Past Economic Crimes Matters'. Also present at the session were the chair of Transparency International (TI), Jose Ugaz and executive director of the African Centre for Open Governance (Kenya), Gladwell Otieno. Diab pointed out that in many prosecution cases, the work of a journalist was often used as a reference, and in Peru, media involvement was described as crucial in revealing the truth. The three-day biennial conference with some 1,000 participants from 130 countries started today at the Putrajaya International Convention Centre, here. -- BERNAMA
KUALA LUMPUR, Sept 2 (Bernama) - The people have been urged to protect the Malaysian Anti-Corruption Commission (MACC) from meddling by other quarters which can affect its independence. MACC Chief Commissioner Tan Sri Abu Kasim Mohamed said lawmakers regardless of political differences should unite and help to create a totally independent anti-corruption institution. "Prosecutors in Malaysia who are responsible for initiating prosecution must act without fear or favour in carrying out the task entrusted," he said in a statement issued to mark the 16th International Anti-Corruption Conference (IACC) at Putrajaya International Convention Centre (PICC) today. Abu Kasim also reminded the MACC members to always act without fear or favour in any given situation. He said the MACC would not condone any form of immunity in the investigation conducted by its members. "We believe that in order to avoid being involved in the issue of immunity, all institutions in the criminal justice system must act in accordance with the merits of each case," he added. --BERNAMA
PUTRAJAYA, Sept 2 (Bernama) – The Malaysian Anti Corruption Commission, the police and Bank Negara may initiate a probe on any issue without the approval of the Cabinet or the Prime Minister, said Minister in the Prime Mninister’s Department Datuk Paul Low.
He said the three bodies are independent as incorporated under their Act of Parliament.
“It’s within their Act to initiate investigation regardless of whether the Prime Minister agrees or not.
“Their investigation is not instructed by the Prime Minister or Cabinet,” he said to a question from a Kenyan member of Parliament in a session at the 16th International Anti Corruption Conference here today.
The Kenyan MP had asked him about the investigation on 1Malaysia Development Berhad and whether it was ongoing.
Low said that as long as he was minister, he would ensure that the independence of the three bodies was protected.
He earlier delivered a paper on ‘Country Experience in Dealing with Governance and Corruption’ at the IACC’s workshop session.
Asked on the Bersih 4 rally last weekend, Low said the government was open to assemblies, but they have to be “within the right purpose”.
“If you want to have (a rally) against corruption, no problem. If it’s about injustice, again no problem. But the original purpose of Bersih 4 is they want the Prime Minister to resign and they want a caretaker government, and in one year they want a new election. It’s a mini Arab Spring.
“Yes, you may be angry, but if you are calling for dismantling the government in power it’s different. That’s the reason the rally was disallowed,” he said adding that its timing and venue clashed with the the National Day celebrations.
The conference attended by about 1,000 representatives from 130 countries is being held for three days from today at the Putrajaya International Convention Centre here.
PUTRAJAYA, Sept 2 (Bernama) — Plans are being considered to take the Malaysian Anti-Corruption Commission (MACC) out of the civil service and Prime Minister’s Department, and make it answerable to Parliament.
Minister in the Prime Minister’s Department, Datuk Paul Low Seng Kuan said a special committee had been set up to look into the plans.
“Making the MACC a separate service will require an amendment to the constitution for which two-thirds majority support in Parliament is necessary,” he told reporters after opening the 16th International Anti-Corruption Conference (IACC) 2015, here, today.
Earlier, when addressing the conference, Low said the MACC would be made a separate service commission to allow it to improve the capacity and professionalism of its staff and to have control over its employment terms and conditions.
He said the appointment and tenure of the Chief Commissioner must be made more secure.
He added that what was also being planned was for the Office of the Auditor- General to report to a bi-partisan special committee in Parliament, and the power and scope of audit to be enlarged.
“Malaysia is committed to protecting the sanctity and independence of its public institutions and we are currently in the process of strengthening the MACC and the Auditor-General’s Office,” he said.
Low, formerly president of Transparency International-Malaysia, reaffirmed his commitment to protecting the MACC from any intervention.
“I am not a politician, I will do what I promised,” he said.
The conference attended by about 1,000 representatives from 130 countries is being held for three days from today at the Putrajaya International Convention Centre, here.
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.
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.
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.
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
By ROHAIZAD YAAKOB
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