Azam Baki investigations: Why so secretive?

C4 Center

The scandals plaguing the Malaysian Anti-Corruption Commission remain unresolved, with troubling developments emerging.

On 11 March, Fahmi Fadzil stated that the cabinet had received and discussed the report by a government committee led by Attorney General Dusuki Mokhtar on MACC Chief Commissioner Azam Baki in relation to his shareholdings scandal, but refused to disclose any details or findings about the investigations.

In addition, Fahmi stated that the police, the Inland Revenue Board, the MACC, and the Securities Commission would continue their probes into the “corporate manipulation” claims originally unveiled in a Bloomberg report.

The Center to Combat Corruption and Cronyism (C4 Center) strongly condemns the government’s silence regarding the results of the investigations against Azam and calls for more decisive action to be taken to resolve the allegations against the MACC.

Non-independent and non-transparent

From the start, the investigation committee established to investigate Azam was criticised for being insufficiently independent.

Dusuki, who leads the committee, is himself serving directly under and an appointee of the prime minister.

This is a feature shared with the MACC, an enforcement agency placed under the purview of the prime minister’s office and whose chief commissioner is appointed by the prime minister. In essence, the executive is investigating itself, with both bodies reporting to the same individual, which calls into question the independence and integrity of these investigations.

With the government deciding not to reveal the findings of the investigations, this adds another layer of obfuscation to an already dire instance of mis-governance.

This lack of transparency is harmful on multiple levels.

First, it demonstrates that the government does not believe it owes the people accountability for severe institutional and governance lapses.

Second, the obscurity does not allow the public to assess if the investigations were conducted thoroughly, without prejudice and in adherence to established procedures established by the MACC itself.

As a consequence, it also obscures assessment whether the disciplinary or enforcement actions undertaken are even commensurate to the severity of the offence committed. It may well be that the allegations are even more severe than previously thought, but Azam may only escape with a slap on the wrist.

Thus, the findings of the investigation must not only be made public but also cover key issues:

What is the exact amount of shares that Azam purchased or owned, and what is the timeline of events involved?

Which companies did Azam purchase these shares from, and who are the individuals connected to these companies?

Were Azam’s shareholdings and assets declared as required under public service regulations. If so, were these purchases in violation of such regulations?

Was the source of Azam’s wealth investigated?

The government must also answer questions surrounding its decision not to undertake other avenues of investigations and accountability.

The government’s chief secretary, Shamsul Azri Abu Bakar, said the committee’s report would be forwarded to the Public Service Department, followed by a convening of the disciplinary board.

While this may well be a mere formality, the possibility that this is the extent to which action may be taken against Azam is deeply troubling.

While disciplinary procedures may be appropriate for administrative breaches, allegations involving substantial financial interests held by the head of the nation’s anti-corruption agency demand far greater scrutiny.

In ordinary corruption investigations involving unexplained wealth, the MACC routinely takes measures such as freezing accounts, requiring detailed asset declarations, and pursuing criminal prosecution if discrepancies are discovered.

Pandan MP Rafizi Ramli also later released a statement that newly alleges that Azam also owns RM14m in shares across nine companies, and that these share purchases were not sanctioned by the relevant authorities.

While the veracity of these claims is still in dispute, they must be taken seriously. If Rafizi’s claim that these facts are from government sources in Putrajaya is to be believed, it demands further scrutiny as to whether the government is intentionally withholding this information from the public.

‘Corporate mafia’ controversy

The government has steadfastly refused to launch a royal commission of inquiry into the allegations of a “corporate mafia,” as corroborated by DAP secretary general Anthony Loke, who said the party tried but failed to convince the cabinet to do so. He added the party was aware of such allegations from as early as 2020–22.

Even with the mounting severity of these issues coming to light, the government has instead decided that existing enforcement agencies – including the MACC itself – should investigate these allegations.

It is truly mind-boggling that the government is effectively instructing the MACC to investigate itself, an instruction that is clearly in contravention of established good governance and accountability principles.

The government’s rejection of a royal commission of inquiry is an explicit rejection of independent oversight.

The MACC itself has outrightly rejected these claims as false and intended to smear the its reputation, with Azam himself stating that he would bring a lawsuit against Bloomberg for defamation.

These events have dealt blow after blow to the people’s confidence in their public institutions. When the nation’s prime body tasked with resolving and defeating corrupt practices is itself quite possibly complicit in engaging in such practices, a crisis of faith is bound to emerge.

Recovering the public’s trust would require a massive upheaval and reform of Malaysia’s institutions, demanding political will from all parties and politicians.

Hence, C4 Center reiterates our demands that:

• The full investigative report by the government investigation committee is released
• The government establish a royal commission of inquiry to fully investigate the extent of the “corporate mafia” allegations, its causes and effects, and these findings be made fully public
• The government lay out a plan of action on how it plans to reform the MACC, removing the powers of appointment away from the executive, and, by involving Parliament, ensuring that the appointment of key individuals are not concentrated in the hands of a single individual
• The individuals responsible for the creation and proliferation of all these scandals are held to account

– C4 Center

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