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The current loopholes in the Malaysian Anti-Corruption Commission Act 2009 need to be plugged to strengthen the capability of the Malaysian Anti-Corruption Commission (MACC) in fighting graft, said Mohd Radzi Sheikh Ahmad, chairperson of the parliamentary special committee (PSC) on corruption.
The loophole in Section 23 of the Act has been cited by MACC deputy chief commissioner (operations) Mohd Shukri Abdull as a hindrance to investigating Sarawak Chief Minister Abdul Taib Mahmud, despite his son having allegedly benefited from state contracts.
“It is time for us to review the Malaysian Anti-Corruption Commission Act 2009. There are Acts that should be amended to enable this panel to be able to reduce corruption seriously,” said Radzi in an interview with Malay daily Sinar Harian published today.
The Kangar MP pointed out that under Section 23, action cannot be taken against an office-bearer if he is absent from a meeting that approves a contract to his crony.
“As an example, to secure a project, he knows the laws state that he cannot be in the meeting if his crony applies for the project.
“He will tell the members or participants of the meeting beforehand things like ‘please take a look at this application’. Eventually the crony is selected but he has not breached Section 23 of the Malaysian Anti-Corruption Commission Act 2009,” he said.
Radzi (right in photo) said the bi-partisan PSC has agreed that the act should be amended and an independent committee should be established to evaluate the situation if such a case occurs.
Amendment should also be done for Section 36 of the same Act which is related to the wealth and lifestyle of a person, said Radzi.
“MACC has no power to know from where a person has amassed tremendous wealth which is beyond his position and job.
“For three years since the MACC was established, this Act has its weakness and needs to be improved to strengthen the MACC’s power to make it more productive and relevant.
“If the Act is amended, anyone suspected to have unusual wealth would have to explain to the MACC,” he explained.
Green light for own service commission
Radzi also revealed that Prime Minister Najib Abdul Razak has given the green light to the proposal to establish an Anti-Corruption Service Commission which would give the MACC the power to filter, choose, interview, appoint and sack their own staff.
Currently MACC’s human resources is under the purview of the Public Services Commission, the same as all other government agencies except the police force and teachers which have their own service commissions.
In February this year, Najib has offered an election promise that should BN regain a two-thirds parliamentary majority in the next general election, the MACC will be given more independence including its own service commission.
“But this issue needs a constitutional amendment. God willing if BN is given a two-thirds mandate in the coming 13th general election, the constitutional amendment will be carried out and this service commission will be formed,” he announced while officially opening the Certified Integrity Officer Programme at Putrajaya.
The loophole in Section 23 of the Act has been cited by MACC deputy chief commissioner (operations) Mohd Shukri Abdull as a hindrance to investigating Sarawak Chief Minister Abdul Taib Mahmud, despite his son having allegedly benefited from state contracts.
“It is time for us to review the Malaysian Anti-Corruption Commission Act 2009. There are Acts that should be amended to enable this panel to be able to reduce corruption seriously,” said Radzi in an interview with Malay daily Sinar Harian published today.
The Kangar MP pointed out that under Section 23, action cannot be taken against an office-bearer if he is absent from a meeting that approves a contract to his crony.
“As an example, to secure a project, he knows the laws state that he cannot be in the meeting if his crony applies for the project.
“He will tell the members or participants of the meeting beforehand things like ‘please take a look at this application’. Eventually the crony is selected but he has not breached Section 23 of the Malaysian Anti-Corruption Commission Act 2009,” he said.

Amendment should also be done for Section 36 of the same Act which is related to the wealth and lifestyle of a person, said Radzi.
“MACC has no power to know from where a person has amassed tremendous wealth which is beyond his position and job.
“For three years since the MACC was established, this Act has its weakness and needs to be improved to strengthen the MACC’s power to make it more productive and relevant.
“If the Act is amended, anyone suspected to have unusual wealth would have to explain to the MACC,” he explained.
Green light for own service commission
Radzi also revealed that Prime Minister Najib Abdul Razak has given the green light to the proposal to establish an Anti-Corruption Service Commission which would give the MACC the power to filter, choose, interview, appoint and sack their own staff.
Currently MACC’s human resources is under the purview of the Public Services Commission, the same as all other government agencies except the police force and teachers which have their own service commissions.
In February this year, Najib has offered an election promise that should BN regain a two-thirds parliamentary majority in the next general election, the MACC will be given more independence including its own service commission.
“But this issue needs a constitutional amendment. God willing if BN is given a two-thirds mandate in the coming 13th general election, the constitutional amendment will be carried out and this service commission will be formed,” he announced while officially opening the Certified Integrity Officer Programme at Putrajaya.
~ Malaysiakini