Strengthen anti-corruption laws and reform MACC to enhance its effectiveness
However, during its initial inception, the MACC was put under the jurisdiction of the Prime Minister’s Department (PMD) where the independence of MACC was questioned due to the fact that the commission reports directly to the prime minister instead of the parliament.
In aftermath of the 14th general elections, immediately after the new federal government was sworn in, the leadership of the new government immediately took measures to place the MACC under the direct jurisdiction of the parliament and have the then chief commissioner replaced.
While the new government was not able to convert MACC into a full-fledged constitutional body with complete independence as it does not have the two thirds majority in the parliament to add this provision in the Federal Constitution, the government should look into other efforts to add a provision the Section 2 of the MACC Act 2009 in order to guarantee its independence and be provided with prosecutorial powers instead of continuing relying on the Attorney-General’s Chambers (AGC) in deciding any prosecution against alleged corrupt and malpractices.
Asides, numerous offences and penalties’ provisions in Part IV of the MACC Act 2009 should also be reviewed to include other definitions of a corrupt or malpractice abuse of position or office, advancement of one’s aim, status or promotional aspects.
Importantly, the Act should also include a provision where it could empower the MACC to order any persons who are in senior public position or senior positions of public interests seen or being reported as living beyond their reasonable means to declare their personal assets, their spouse, children and other close relatives in order to justify their means of being able to own such amount of assets or monies.
These amendments or additional provisions to the MACC Act 2009 certainly does not require a two thirds majority vote in the parliament in order to have its strengthened.
Then why this government is delaying its efforts to turn MACC into a most effective corruption busting institution when they have the opportunity to do so?
Apart from that, a resolution on assets declaration which has been passed in the parliament recently only applies to all members of parliament (MPs) from both side of the political divide to declare their assets and holdings to the MACC. What about other positions with public interests? Why senior civil servants of certain grading with extensive powers are not included?
Asides MPs, it is also crucial to have all top civil servants as well as senior executives from the government-linked-companies (GLCs) to declare their assets to the public to ensure their trustworthiness and their utmost service to the nation’s interests instead of their personal’s.
The fact that MACC is not empowered to order an asset declaration to be made without first initiating an investigation against an alleged corrupt practice is one of the biggest loopholes that may see many corrupted officials escape justice due to limitation of such enforcement.
The government of today ought to demonstrate its stronger political will in putting through those amendments in order to strengthen the MACC’s efforts in combating corruption at all levels. MACC officers should be equipped with all necessary powers and tools, without fear or favour in face with the most powerful corrupt in this country.
The government must remember, the people do not want to see the repeat of yet another kind of 1MDB, Tabung Haji, FELDA, MARA, LTAT or PKFZ scandals which would further see billions of Ringgit being swindled into the personal account of yet another Najib kind of leader.
