4 theSun
news without borders
Good move but
some concerns, too
by Maria J. Dass
and Faith Labunda
newsdesk@thesundaily.com
KUALA LUMPUR: Several MPs
welcomed the proposed
establishment of the Malaysian
Anti-Corruption Commission
(MACC) as a step towards an
Anti-Corruption Agency (ACA)
that is more independent and
armed with more prosecution
powers. However, they said
there are some areas that could
be improved.
They were commenting on
the report in theSun yesterday
that said “a truly independent”
ACA that will report to Parliament
is close to reality.
Liew Chin Tong (DAP-Bukit Bendera) said
the proposed setting up of a special committee
on the MACC made up of seven MPs appointed
by the King is not consistent with parliamentary
tradition.
“A select committee to oversee the entire
frame-work of the MACC should be set up instead
of a seven-MP committee,” he said.
“This does not make the agency entirely re-
sponsible to Parliament.”
Liew said that to ensure the ACA is entirely
independent it needs to be detached from the ex-
ecutive branch of the government. Similarly, funds
for the MACC should come from consolidated
funds and not the executive.
Dr Hatta Ramli (PAS-Kuala Krai) was happy
to note that the MACC would be able to decide on
prosecution in most cases without having to refer
to the attorney-general’s office.
“It is a good move to have a commissioner who
can prosecute via a DPP seconded to the ACA,”
he said.
Sources said the powers of the A-G will not
be usurped but with senior DPPs from the A-G’s
chambers seconded to the MACC, and with the
commissioner having the powers of a DPP, it can
decide on prosecutions.
However, Hatta expressed concern over the
independence of the commission as there were
hopes that the commission would be solely an-
swerable to Parliament and that the appointment
of its head would be by the house.
Barisan Nasional Backbenchers Club (BNBBC)
chairman Datuk Seri Tiong King Sing said he
has not seen the draft of the bill or know of its
contents.
He said the proposed amendments should take
into account the prosecution of those who lodge
false reports and abuse the system.
Wee Choo Keong (PKR-Wangsa Maju) said
| THURSDAY DECEMBER 4 2008
the proposed changes are a “cosmetic exer-
cise” as the agency will still be linked to the
executive.
“The head, especially, should be appointed
and wholly accountable to Parliament, other-
wise he may have the powers to prosecute
but can still be compromised,” he said.
P. Ramasamy (DAP-Batu Kawan) said
“it sounds right and good but the agency still
seems to be beholden to the executive”.
“We welcome the improvements being
made to the tracking and prosecution of cases,
which have been few and far between in the
past, but like the Human Rights Commission,
it will still be an ineffective agency of the BN
and a toothless tiger,” he said.
However, at the end of the day, something
was still better than nothing, Ramasamy
said.
Transparency International Malaysia (TI-M)
welcomed the proposed establishment of the
MACC, saying it is greatly encouraged by the
report that there will be an “independent ACA
at last”.
Its president, Tan Sri Ramon Navarat-
nam, noted that TI-M, together with a wide
cross-section of the Malaysian public, has
been clamouring for new legislation for the
establishment of a “genuinely independent
ACA for a long time”.
He said the proposed special advisory
committee of seven MPs appointed by the
King, as well as the four other ancillary
committees and panels, will help to ensure
that the commission remains free of outside
influences.
“Thus, the MACC annual report can and will
now be questioned in Parliament, instead of
being merely tabled and not even discussed,”
he said.
In a statement, Navaratnam also listed
some concerns which TI-M hopes could be ad-
dressed at the committee stage in the debate
in Parliament on the MACC bill:
» The chairman of the special parliamentary
committee should be a member from the
“loyal Opposition” because a weak chairman
can negate effectiveness and undermine the
public perception, credibility and confidence
in the new MACC;
» ACA should have complete freedom to
prosecute all cases to justify and portray its
independent status, quickly phasing out its
deputy public prosecutors and replacing them
with legal officers on a permanent or even
contract basis;
» The government should show the strongest
political will to make the MACC work expedi-
tiously and efficaciously to win public confi-
dence and support, especially from potential
whistle-blowers;
» All well-meaning MPs should wholeheart-
edly support the bill, making progressive
amendments to ensure it is passed as law
on Jan 1; and
» The judicial and police legislative reforms
should also be tabled and passed together
with the MAC, considering that they are inter-
related and should be regarded as a reinforc-
ing package of healthy reforms.
Navaratnam also extended his congratula-
tions to Prime Minister Datuk Seri Abdullah
Ahmad Badawi for having fought the resist-
ance to deliver on his election pledge to
establish an independent MACC.