By LIM SUE GOAN
Translated by Soong Phui Jee
Sin Chew Daily
ANSWER :
Time for the Law To Be Changed To Empower MACC To "PROSECUTE"
Source : http://www.mysinchew.com/node/67457
Translated by Soong Phui Jee
Sin Chew Daily
ANSWER :
Time for the Law To Be Changed To Empower MACC To "PROSECUTE"
It seems that the Malaysian Anti-Corruption Commission (MACC) is out of idea
of how to improve the country's ranking in the Corruption Perception Index
(CPI). It might need advices from those with insight to reverse in the shortest
possible time the stereotype that the country is ineffective in curbing
corruption.
Being ranked 60th in the Transparency International (TI) CPI 2011, Malaysia has suffered a decline for three consecutive years and this year is the worst since the first TI CPI ranking in 1995.
On 21 April 2008, the then Prime Minister Tun Abdullah Badawi announced that the Anti-Corruption Agency (ACA) would be made a fully independent body and be answerable to the Parliament. It has been upgraded to the MACC, but its performance has been declining. It has also been entangled by scandals, including the deaths of former DAP political aid Teoh Beng Hock and Customs officer Ahmad Sarbani Mohamed, as well as a case involving three MACC officers alleged to have robbed a money changer of US$300,000 at the Kuala Lumpur International Airport (KLIA) in Sepang.
Instead of just keep asking for additional manpower, the MACC should start from improving its qualitative aspects. I hereby put forward a few recommendations:
Firstly, let the MACC enjoy a fully independent status. Although the government claimed during the transformation of the MACC that it has to table an annual report and be directly answerable to the Parliament, its management and administration are still governed by the Prime Minister's Department.
The so-called answering to the Parliament should grant the commission independence and autonomous authority. For example, in the investigation of tax evasion cases, the MACC could ignore the pressure from the government and the Congress of Unions of Employees in the Public and Civil Services (Cuepacs) and launch a thorough investigation.
The Parliamentary Committee should have the right to summon the MACC chief commissioner for notarisation and pressuring, to effectively monitor the MACC.
Secondly, let the MACC enjoy the power of prosecution to prevent the abuse of power.
Nowadays, only the Attorney General's Office has the right to prosecute. There is nothing the MACC can do if the Attorney General's Office decides not to charge a suspect even if the commission is sure that the suspect is involved in corruption.
The Attorney General's Office does not enjoy an independent status either. Who can then play the role of maintaining justice?
With an independent status and prosecution power, the MACC can then catch big fish and launch a massive anti-corruption operation.
Thirdly, reinvestigate old cases. The fall of the country's CPI ranking was because many big cases in Malaysia has been left unsettled. To thoroughly change the outside world's impression of our country, we must show them an impressive performance and reinvestigating old cases would be one of the most effective ways.
For example, the culprits of the RM2.5bil BMF scandal in 1983, where powerful individuals were channelling the money from the bank into their private accounts and the nine-year-delayed completion of the Matrade building should be found out and charged.
Fourthly, implement the Sunshine Policy. The Sunshine Policy was introduced by former South Korean President Kim Dae Jung and was meant to soften North Korea's attitudes towards the South by encouraging interaction and economic assistance. The Sunshine Policy here is referring to improve transparency in public administration and eliminate corruption through management reform.
Measures to improve transparency include open tender, open procurement and publishing contractor and project details online. Sunshine can always drive ghosts and devils away.
If no action is taken by the MACC, corrupt officials will have nothing to fear and I'm afraid that the CPI ranking next year might further decline.
Being ranked 60th in the Transparency International (TI) CPI 2011, Malaysia has suffered a decline for three consecutive years and this year is the worst since the first TI CPI ranking in 1995.
On 21 April 2008, the then Prime Minister Tun Abdullah Badawi announced that the Anti-Corruption Agency (ACA) would be made a fully independent body and be answerable to the Parliament. It has been upgraded to the MACC, but its performance has been declining. It has also been entangled by scandals, including the deaths of former DAP political aid Teoh Beng Hock and Customs officer Ahmad Sarbani Mohamed, as well as a case involving three MACC officers alleged to have robbed a money changer of US$300,000 at the Kuala Lumpur International Airport (KLIA) in Sepang.
Instead of just keep asking for additional manpower, the MACC should start from improving its qualitative aspects. I hereby put forward a few recommendations:
Firstly, let the MACC enjoy a fully independent status. Although the government claimed during the transformation of the MACC that it has to table an annual report and be directly answerable to the Parliament, its management and administration are still governed by the Prime Minister's Department.
The so-called answering to the Parliament should grant the commission independence and autonomous authority. For example, in the investigation of tax evasion cases, the MACC could ignore the pressure from the government and the Congress of Unions of Employees in the Public and Civil Services (Cuepacs) and launch a thorough investigation.
The Parliamentary Committee should have the right to summon the MACC chief commissioner for notarisation and pressuring, to effectively monitor the MACC.
Secondly, let the MACC enjoy the power of prosecution to prevent the abuse of power.
Nowadays, only the Attorney General's Office has the right to prosecute. There is nothing the MACC can do if the Attorney General's Office decides not to charge a suspect even if the commission is sure that the suspect is involved in corruption.
The Attorney General's Office does not enjoy an independent status either. Who can then play the role of maintaining justice?
With an independent status and prosecution power, the MACC can then catch big fish and launch a massive anti-corruption operation.
Thirdly, reinvestigate old cases. The fall of the country's CPI ranking was because many big cases in Malaysia has been left unsettled. To thoroughly change the outside world's impression of our country, we must show them an impressive performance and reinvestigating old cases would be one of the most effective ways.
For example, the culprits of the RM2.5bil BMF scandal in 1983, where powerful individuals were channelling the money from the bank into their private accounts and the nine-year-delayed completion of the Matrade building should be found out and charged.
Fourthly, implement the Sunshine Policy. The Sunshine Policy was introduced by former South Korean President Kim Dae Jung and was meant to soften North Korea's attitudes towards the South by encouraging interaction and economic assistance. The Sunshine Policy here is referring to improve transparency in public administration and eliminate corruption through management reform.
Measures to improve transparency include open tender, open procurement and publishing contractor and project details online. Sunshine can always drive ghosts and devils away.
If no action is taken by the MACC, corrupt officials will have nothing to fear and I'm afraid that the CPI ranking next year might further decline.
Source : http://www.mysinchew.com/node/67457
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