The Center to Combat Corruption and Cronyism (C4 Center) once again emphasises its condemnation of the decision to reappoint Malaysian Anti-Corruption Commission chief Azam Baki to the position for another one-year term.
This decision comes after two prior one-year extensions in 2023 and 2024, despite Azam having passed the mandatory retirement age of 60.
C4 Center reiterates its previous criticism in its media statements dated 17 May 2023, 14 May 2024 and 8 April 2025 – reforming the appointment process for the chief commissioner is imperative in order to maintain an “independent and accountable anti-corruption body”, pursuant to Section 2 of the MACC Act 2009.
The function of a national anti-corruption body to investigate acts of corruption must be carried out without fear or favour, and the statutory powers granted to the MACC in order to achieve this goal are wide and far-reaching, akin to the powers of the police force. It is for this reason that the MACC must be shielded from any undue influence from external parties.
The primary criticism of the current appointment process is that it is effectively carried out on the unilateral discretion of the prime minister, which clearly introduces an inherent risk of political considerations colouring the direction of the MACC’s operations.
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This criticism goes beyond the selection of Azam Baki specifically. The fundamental issue is the current framework that allows the prime minister to handpick the leader of the nation’s anti-corruption body.
Until and unless this process is holistically reformed, public faith in the integrity of the criminal justice system will always be tarnished. It is appalling that the Anwar administration has repeatedly failed to introduce any change despite multiple opportunities to do something.
Prime Minister Anwar Ibrahim stated in Parliament on 28 March 2023 that the implementation of an alternative process for appointing the MACC chief commissioner would depend on progress made by Parliament – in the event such a mechanism is decided upon and studied by the relevant stakeholders before the end of Azam’s tenure, he would have no issues with it.
This was a regrettable statement at the time: failing to take personal responsibility for the proposal and instead pushing it onto Parliament to carry out. This hands-off approach has clearly been prolonged by the government, with no further updates on developing this alternative process forthcoming since then.
Commitments have been made by this government to reform the appointment process, both domestically and internationally. Yet seemingly, no progress has been made:
- Under the national anti-corruption strategy for 2024-2028, an initiative calls for “relooking” at the requirements for the appointment and dismissal of the MACC chief as a long-term substrategy with an anticipated period of four to five years for implementation.
- The Malaysian delegation notified the UN Human Rights Council in June 2024 of its support for Recommendation 55.93 received during the fourth Universal Periodic Review, which called for the creation of “permanent independent bodies, such as parliamentary select committees, to oversee appointments to anti-corruption and all oversight institutions, with sufficient resources and independence to perform their function.”
- Articles 6 and 36 of the UN Convention against Corruption (which Malaysia has ratified) place a mandatory obligation on states parties to ensure the existence of anti-corruption bodies with the “necessary independence…to be able to carry out their functions effectively and without any undue influence”.
Even if the argument is made that legal amendments take time to draft and enact, there is nothing preventing the government from introducing measures at the policy level to decentralise and democratise the appointment process, eg by introducing an open call for candidates, receiving input from opposition MPs and civil society representatives, and maintaining transparency throughout the selection process.
If Anwar wishes to show his commitment to upholding good governance and combating corruption, these are actionable steps that can be taken in the short term. Instead, his government has opted to sit back and stay silent on the topic of MACC reform, perhaps hoping that if they ignore the criticism, it will go away?
In conclusion, the third reappointment of Azam Baki has shown that this government does not view MACC reform as an area worth championing.
C4 Center would note that this approach will only be detrimental to the government, as any action taken by the MACC will always be coloured by a public perception of unfairness.
Whichever government implements measures to protect the independence of the MACC chief will ultimately benefit from greater public trust in the integrity of the criminal justice system.
It is a shame that the Anwar administration continues to fail to grasp this fact. – C4 Center
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