Transparency International Malaysia president Muhammad Mohan lauds the Malaysian Anti-Corruption Commission’s efforts in addressing legal gaps by drafting and proposing a ‘Misconduct in Public Office Act’ for Parliament.
Deputy Chief Commissioner (Prevention) of the MACC, Datuk Shamsun Baharin Mohd Jamil was reported stating that the proposed Act was aimed at plugging leakages in public procurement which was identified by the MACC in its annual scrutiny of the Auditor General’s Report.
Datuk Shamsun was quoted as saying, “the MACC finds not many culprits, including agencies and government departments responsible (for the leakages) as reported in the AG’s Report are charged even though the losses run in the millions.”
Currently, the Penal Code s409 makes Criminal Breach of Trust carried out in the capacity of a public servant or agent an offence with imprisonment for a term which shall not be less than two years and not more than twenty years and with whipping, and shall also be liable to a fine.
The recent scandal exposed by the MACC involving government procurement cartel masterminded by a wealthy Datuk, involving hundreds of companies belonging to him (registered in the names of his proxies) is a perfect example of such corruption, as the cartel involved civil servants in the procurement process who ensured the cartel’s companies won the contracts.
This proposed Misconduct in Public Office Act is prompt and definitely a step in the right direction. However, TI-M hopes the Act will cover other forms of corruption including nepotism, cronyism, abuse of power and so in dealing with environmental crimes, land grabs, de-gazettement, appointments, misappropriation and conflicts of interest. Lastly, it is our hope that Parliament is reconvened so that this Act can be enacted without delay and without any “watering down” so that MACC will be empowered to go after any cartels or syndicates or other wrongdoing in the civil service based on serving corrupt interests.
Corruption is a betrayal of trust. Corruption ruins the nation.
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Note to Editors: For clarification on any and all official statements from Transparency International – Malaysia (TI-M), kindly refer to its President, Dr Muhammad Mohan (mmohan@transparency.org.my)
