M Santhananaban
With the nation’s 10th prime minister firmly in office, corruption and its twin – abuse of office – have been allowed at times to emerge from the camouflaged, clandestine corners of public life in Malaysia.
In that context, the Malaysian Anti-Corruption Commission (MACC) has enjoyed centrality and significance in society.
In the current national governance system which prioritises compassion, the MACC’s role was made more difficult as no compassion could be shown to corrupt abusers of their positions.
The MACC’s high-profile outreach in the national arena appeared to provide the agency with an unprecedented position and the protection to carry out its work with no hindrance, reprisal or outside influence.
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That role appears to have received very little scrutiny as some of the mainstream media are woefully beholden to high-level politicians and ignore pressing questions until they receive some mention by the nation’s political overlords.
The assumption was that MACC leadership would maintain the highest standards of probity to provide institutional integrity, impartiality and impeccable governance. These standards are essential for it to carry out its work efficiently, effectively and transparently.
Any successful MACC investigative and prosecutorial role is required to be presented in our open court system. That ensures it operates within the confines of the Federal Constitution and relevant statutes.
Malaysia’s courts, especially since May 2018, have enjoyed higher confidence, trust and prestige, especially under the leadership of Richard Malanjum and Tengku Maimun Tuan Mat.
Recent allegations
A recent Bloomberg report has alleged that the MACC has been practising, reportedly on a selective basis, a policy of investigating, intimidating and even injuring the reputation of certain individuals and institutions of interest to it.
Simply put, these activities were allegedly viewed as undesirable to the MACC’s own precepts.
This reference to such controversial means allegedly employed by the MACC has come from an unlikely foreign source: Bloomberg, a global data, economic and financial analysis portal with a solid reputation.
Such actions reportedly by Bloomberg now invite unnecessary attention and could adversely impact the MACC’s credibility.
These peculiar, selective and invasive procedures, if proven, would disrupt business operations, immobilise entrepreneurs and impair the confidence and trust essential to building successful businesses.
The Bloomberg exposé alleges that the agency’s impartiality, integrity and importance have been compromised because it seems to have acted in a biased way, has been bent on targeting specific individuals and has attempted to influence the transfer of corporate power to certain selected individuals and interests.
These are extremely serious reported allegations, and there is an obligation on the current administration to address this matter transparently.
An inadequate inquiry
It is disappointing that the chief secretary of the government has been entrusted to inquire into this matter.
The chief secretary wears many hats with responsibilities related to state protocol, appointments and promotions of senior civil servants and other oversight duties.
The prime minister must recognise that any chief secretary can only do so much. (Interestingly enough, one previous holder of that position received payments from 1MDB when he was placed on the 1MDB board of advisors even though the board never met. That particular chief secretary was being obliging and obsequious to the then prime minister oblivious to the possible odious outcome.)
It is important to recognise the potential extreme consequences of the imputed improper conduct of the MACC. Business competitiveness and confidence are crucial to attracting investment to the country. Biased and brazen acts to blackmail and blemish the reputation of any business operation are highly detrimental to the nation’s health and reputation.
The proper remedy
An appropriate inquiry would be one led by a well-regarded Federal Court judge, retired or serving, or even a royal commission so that the findings are clear, consistent and contextual to the open and sound business and investment environment we seek to build.
To ensure that the normal ongoing work of the MACC is not disrupted, an interim head must be appointed as the principal head has reportedly been name in shareholding-related aspects of the Bloomberg report and is pursuing legal action against the new agency.
As a vibrant democratic nation, we must aspire to full transparency, trust and truth in all matters within the public domain.
Dato’ M Santhananaban is a retired Malaysian ambassador with 45 years of public sector experience.
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