THE Centre to Combat Corruption & Cronyism (C4 Center) is outraged that Tan Sri Azam Baki, the chief commissioner of the Malaysian Anti-Corruption Commission (MACC), tasked with protecting whistle-blowers who expose corruption, is himself threatening a whistle-blower with legal action for revealing his alleged wrongdoings.
On January 6, a letter of demand (LoD) was served by Azam upon Lalitha Kunaratnam, an independent Malaysian anti-corruption activist. This was done in connection to her articles detailing Azam’s questionable ownership of millions of shares in two public-listed companies, which were published by the Independent News Services portal.
Lalitha is an anti-corruption advocate whose integrity and evidence-based journalism has earned her numerous plaudits. Her findings in this case were backed by publicly accessible documents. Azam’s attempt to silence her smacks of grave intimidation and fear tactics completely unbecoming of a top graft buster.
The exposé and Azam’s hostile response serve as yet another devastating blow to the credibility of the MACC, an institution already wrecked by corruption and criminal scandals involving its own officers.
His legal threats upon a notable anti-corruption campaigner also reiterate the huge personal risk that whistle-blowers face when exposing wrongdoing. It is the cruellest irony that it is Azam, of all people, who should be assisting Lalitha to obtain whistle-blower protection.
The principles of transparency and accountability espoused by MACC, have all crumbled to ashes with this tragic episode that will take trust deficits to an all-time low.
What message does this send to the rest of us Malaysians?
Malaysia is a signatory to the United Nations Convention Against Corruption (UNCAC). Article 33 of the UNCAC explicitly sets out the parameters of protection for reporting persons and legally obligates signatory states to consider their incorporation, as follows:
“Each state party shall consider incorporating into its domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this convention.”
In Malaysia, the Whistleblower Protection Act 2010 (WPA 2010) was enacted to offer protection to our whistle-blowers. However, as proven by this case, its provisions are completely insufficient for the purposes of protection and does not encourage nor give confidence to potential whistle-blowers to come forward with information.
For years, C4 Center has called for amendments to be made to the WPA 2010, with emphasis on Section 4, Section 6(1), Section 8(1) and (4), as well as Section 11.
An amendment to Section 6(1) is especially crucial, as in its current form, it limits whistle-blowers to reporting cases to enforcement agencies only, failing which, whistle-blower protection would be revoked.
Furthermore, it carries with it the condition that the disclosure cannot break any existing law, essentially stifling effective whistle-blower efforts.
On November 17 last year, Azam himself told the media of his support for amendments to the WPA 2010. According to him: “We (the MACC) fully support the planned amendments to the law. Adequate protection should be given to ensure that such a mechanism will be effective.”
He also went on to say: “I believe more people will be able to become whistle-blowers if they are confident the relevant law would protect them.”
Where is the support for whistle-blowers now? Was this all mere lip service?
The only right cause of action for Azam now is to immediately withdraw his LoD and prove to the public that the MACC genuinely advocates for whistle-blower protection. He must cease with threats to whistle-blowers, and amid this mounting criticism, declare his assets at once.
Furthermore, in light of the statement by the Securities Commission that it will be calling in Azam for questioning over this alleged violation of stock trading laws, he must immediately go on garden leave until all investigations into his actions are complete.
Leading an anti-corruption commission, Azam has, by his actions so far, terribly failed to lead by example and is sending the wrong message.
C4 Center urgently and emphatically calls for:
– Prime Minister Datuk Seri Ismail Sabri Yaakob to set up a special task force (STF) composed of independent personalities to conduct an investigation into Azam’s alleged wrongdoings without delay
– The investigation to be transparently done and the full findings of the STF to be made public
– Azam to be immediately put on garden leave to allow a thorough and impartial investigation to be carried out to ascertain the truth of the allegations
– The immediate withdrawal of Azam’s LoD upon Lalitha
– A special committee to be set up immediately to implement the long-overdue reforms to the structure of the MACC, in particular, an amendment of the federal constitution for the establishment of the Independent Anti-Corruption Commission free from executive influence
– A special committee to be set up immediately to revamp the MACC’s advisory boards and panels, which have unquestionably failed in their duties to properly investigate the concerns raised by Prof Edmund Terence Gomez before he resigned due to their inaction
C4 Center, along with the Malaysian Bar, Institute for Democracy and Economic Affairs, Transparency International Malaysia, and Citizens’ Network for Better Malaysia, made this call in a memorandum published in 2015 at the request of the MACC itself.
The reform of the WPA 2010 has continuously failed to adequately protect whistle-blowers since it came into force over a decade ago, with specific emphasis on Section 4, Section 6(1), Section 8(1) and (4), as well as Section 11. – The Vibes, January 7, 2022
