The Center to Combat Corruption and Cronyism (C4 Center) is appalled by recent developments in the Sabah corruption scandal, with Malaysian Anti-Corruption Commission chief Azam Baki’s negligent exposure of the whistleblower’s personal information.
This travesty only further illustrates the serious deficiencies in Malaysia’s whistleblower protection framework, which – in light of the inadequacy of the Whistleblower Protection Act 2010 (WPA) amendments tabled recently – highlight the pressing need for an overhaul of the system.
Former MACC chief Latheefa Koya announced during a press conference on 11 March that Lawyers for Liberty would submit to the MACC full, unedited video recordings of conversations with Sabah elected representatives that allegedly proved corruption.
During this press conference, she emphasised she would not reveal the whistleblower’s surname for his own protection – demonstrating her understanding of the extremely sensitive nature of the situation.
Conversely, only hours later, Azam Baki chose to reveal the whistleblower’s full name to the media at a press conference in Kota Kinabalu, Sabah.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara, CIMB a/c 8004240948
- Make a pledge or schedule an auto donation to Aliran every month or every quarter
- Become an Aliran member
C4 Center is astonished at the sheer negligence displayed by the head of Malaysia’s anti-corruption agency. The WPA itself defines “confidential information” as including information about the identity of a whistleblower – which obviously would cover his full name.
To release his name directly to members of the media before statutory protection is conferred upon the whistleblower is a ridiculous decision that effectively undermines any protection he might receive in the future.
Some media outlets have already begun to circulate the whistleblower’s full name, and a few online sources have gone the extra mile to publish his picture and details of his occupation as well.
Azam Baki is directly responsible for exposing this whistleblower’s identity to public knowledge, in direct contravention of the spirit of the WPA.
The risk that this whistleblower has taken in seeking to come forward with his story is clear. Yet the authorities seem to have completely disregarded his safety and security – with Azam Baki’s disclosure only increasing the threat posed to the whistleblower for his actions.
Instead of immediately investigating the case when it first came out, multiple parties chose to sidestep the matter – with Prime Minister Anwar Ibrahim refusing to guarantee the whistleblower protection as he was deemed “not clean” and Azam Baki disputing the credibility of the videos.
It is apt that this saga is unfolding in tandem with the tabling of WPA amendments in Parliament this month.
On 4 February, the minister responsible for law and institutional reform, Azalina Othman Said was asked whether the amendments would cover disclosures made to the public in light of the Sabah corruption scandal. She clearly stated that the government has no intention of amending the act to protect whistleblowers who make disclosures to the public.
According to Azalina, enforcement agencies need to determine whether the information disclosed can justify the conferral of protection under the WPA.
So now we ask the government, how do you expect putative whistleblowers to trust the “proper channels” if this is how enforcement agencies treat confidential information?
It is bad enough to have a restrictive approach to whistleblower protection by insisting that only those who are completely innocent may receive protection. But to actively undermine the security and safety of someone who comes forward with a disclosure of improper conduct is beyond unacceptable.
C4 Center has long maintained that expecting every whistleblower to be entirely innocent of wrongdoing is unrealistic and does not serve to encourage disclosures of improper conduct. A trade-off must be made here in order to achieve the bigger picture of combating corruption and other criminal activity.
Resolution 10/8 of the 10th session of the Conference of States Parties to the UN Convention against Corruption states that where a reporting person has “reasonable belief in the truth of the matter stated, regardless of any personal reasons behind their report”, they are considered to have made the report in “good faith”.
This resolution is predicated on the belief that often, individuals with the best access to information of “improper conduct” are those involved with the conduct themselves, especially in cases of corruption that operate in highly discreet and clandestine ways.
It bears repeating that the whistleblower’s videos were first publicly released in November 2024 – four months ago. Despite outrage at the incriminating conversations involving the Sabah assembly members, the MACC has failed to seriously consider the evidence.
Now, having been presented the full, unedited videos, the MACC must ensure that a full and impartial investigation takes place.
We hope the government sees this event as a lesson on the gaps which presently exist in the whistleblower protection framework and the administration of the MACC itself.
Therefore, C4 Center urges the following:
- The WPA amendments must include an expansion of the avenues permitted for disclosure to include disclosures made to other parties – including the public and media
- Section 11(1)(a) – which automatically revokes protection if it is found that the whistleblower participated in the improper conduct – must also be removed. Instead, different levels of protection should be available to all whistleblowers depending on their level of involvement in the improper conduct
- Beyond Azam Baki’s tenure, the government must introduce a more democratic system of appointing leaders of oversight bodies (such as permanent parliamentary select committees), in line with the former national anti-corruption plan for 2019-2023 and recommendation 55.93 of Malaysia’s fourth Universal Periodic Review cycle.
C4 Center
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
