KUALA LUMPUR – Former Malaysian Bar president Christopher Leong has proposed an independent Malaysian Anti-Corruption Commission (MACC), and for this to be enshrined in the federal constitution.
This will give tenure security to MACC staff and negate undue pressure from the agency being part of the civil service, he told a webinar by Centre to Combat Corruption & Cronyism today.
“Currently, every personnel member of MACC is under the (purview) of the Public Service Department (PSD). They are like any other civil servants who are subjected to standing orders, therefore, susceptible to disciplinary action and pressure.
“Even the MACC chief can be transferred and liable to be removed. We need to give those who hold such posts tenure security, like that of judges, but the tenure should be limited to one to two years so as to not entrench him.”
He added that MACC’s independence will be bolstered if the commission gains similar stature as the judiciary, armed forces and Election Commission under the constitution.
“MACC needs specially trained officers, and the current recruits come from PSD’s general application pool. So sometimes, the officers that MACC gets are not those whom the latter would want to recruit.”
The Law Association for Asia and the Pacific president highlighted MACC’s lack of freedom, citing Section 4 of the Whistleblower Protection Act 2010 (WPA), which states that the minister has discretion to direct the agency’s actions.
“Section 4 of WPA provides that the minister may give to the enforcement agency directions of a general character not inconsistent with WPA, as to the exercise of the powers, discretions and duties conferred on enforcement agencies.
“Agencies are required to comply with such directions. MACC is under the Prime Minister’s Department.” – The Vibes, November 6, 2020
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