GROUNDWORK LAID FOR MORE BITE & INDEPENDENCE FOR MACC

By Sakina Mohamed

KUALA LUMPUR, Dec 11 (Bernama) -- After much debate on how best Malaysia
can
tackle the ills of corruption, the Malaysian Anti-Corruption Commission (MACC)
Bill 2008 was finally put before Parliament Wednesday.

The MACC Bill was tabled for first reading along with the Judicial
Appointments Commission Bill as part of the government's efforts to restore
integrity and confidence in the country's judicial system and in the war against
corruption.

In the past, there had been much doubt on whether the Anti-Corruption
Agency
(ACA) was independent enough in its operations. Many had dismissed the belief
that the government was serious in tackling corruption.

But with the proposed MACC and its wide-ranging powers as well as its
responsibility to report to Parliament, the government has taken the initiative
towards reform and laid bare the provisions for greater transparency in the
commission's operations.

Parliament was certainly abuzz with many questions among its members
Wednesday and Thursday on whether MACC will have more bite and independence than
the present ACA.


For starters, the added powers for MACC will make it easier for its
officers
to act. For instance, its chief commissioner is given powers of a deputy public
prosecutor, thus giving the commission powers to prosecute. In addition, its
four commissioners can also order investigations into reports lodged with MACC.

But the burning question on the lips of many is that if MACC is
directly
responsible to Parliament, will it be truly independent?

Information Minister Ahmad Shabery Cheek said MACC was a mechanism to
tackle corruption and an agency responsible for such matters had to be managed
through a proper system.

"In this context, previously the ACA, which was under the jurisdiction of
the Prime Minister's Department, had evoked skepticism on its efficacy in
curbing corruption.

"It does not mean that all this while the prime minister had tried to
shield those who had been involved in corruption but then, it is a matter or
problem of perception as some viewed the ACA as not being independent," he told
Bernama.


When told that some parties wanted MACC to be truly independent, Ahmad
Shabery Cheek questioned the meaning of true or total independence, saying that
it was difficult to define.

He said some people perceived MACC to be truly independent only if it was
not under the purview of any ministry.

"This means that absolute independence and new authority should be given to
one person so that he may investigate and prosecute those allegedly involved in
corruption," he said.

Ahmad Shabery felt that that it was not a wise idea because of the saying,
"absolute power will corrupt absolutely".

"That is why even in the context of the change that we are trying to
implement right now, the bill has to be tabled and debated, so that there will
be some form of check and balance," he said.



Ahmad Shabery said that was also why the prime minister, as the Chief
Executive, also had a say in terms of MACC's composition.

When asked how the MACC differed from the ACA, Ahmad Shabery said the ACA
was previously a bureau and its position was relatively minor then.

"But now its stature has grown and it is now directly responsible to
Parliament. This means that it must report, table and can be queried on its
operations on combating corruption in the country," he said.

While the ACA previously reported to the PM's Department, MACC is now
answerable to five independent bodies -- the Anti-Corruption Advisory Board,
Special Committee on Corruption, Complaints Committee, Operations Review Panel
and Corruption Prevention and Consultative Panel.

However, DAP Member of Parliament for Bukit Bendera Liew Chin Tong sees not
much difference between MACC and the ACA.

"First of all, there is no independent funding for MACC. The money is still
coming from the Prime Minister's Department, when it should be coming from a
consolidated fund. This would make MACC beholden to the PM's Department.

"And the members are to be appointed by the king, on advice by the prime
minister. A parliamentary committee should instead be constituted within
Parliament based on the party's strength on both sides and constituted here and
not by the king's appointment," he said.

He said that although his proposal would see the Barisan Nasional (National
Front) Backbencher's Club having a bigger say, the Opposition would still have a
chance to take part in the decision-making process. "The committee is directly
responsible to Parliament, and Parliament represents all Malaysians, so we are
responsible to Malaysians via Parliament," he said.

He lauded the administrative changes tht will be made, such as an
increase in manpower, but lamented the insufficient time given to MPs to read
through and debate the bill.


A. Vaithilingam, president of the Malaysia Hindu Sangam, welcomed the
wide-ranging powers given to MACC to fight corruption.

The Malaysia Hindu Sangam is a non-governmental organisation and an
umbrella body for all Hindus in Malaysia.

"The fact that it has to report to Parliament is a good thing, for better
check and balance," he said.

Some of the salient features of MACC are that it can, through a court
order,
seize any property deemed to have been obtained through corrupt means and its
officers can also open mail and listen to and record conversations on the
telephone.

Offences committed overseas by Malaysians and Malaysian permanent residents
are also liable for prosecution while whistleblowers will get full
anonymity.

--BERNAMA