MACC has no power to ‘vet’ election candidates – Gobind Singh Deo

The Malaysian Anti Corruption Commission has no jurisdiction to vet election candidates or any individual to determine if they are “free of corruption”.

The MACC is a creature of statute. It derives its powers through an Act of Parliament. It cannot operate over and beyond the powers given to it by Parliament.

The MACC was not set up for the purpose of vetting people. It does not have the power to screen people as it wishes. Such would be an abuse of process and the public funds channeled to it to combat corruption.

The Malaysian Anti Corruption Commission Act 2009 does not set out any tests which are to be met by individuals in order to be declared free of corruption.

So, what criteria is to be used? How does it work? Which officers are to be assigned to such a task? Are they equipped with the necessary powers to probe any individual simply as they like? What are the guidelines?

The call by the Prime Minister to ensure clean candidates are selected for the election is most welcome.

But the call for the MACC to do this is misplaced.

The PM cannot direct public bodies to do work which are outside their powers and more so for his benefit, as chairman of BN.

Whilst this may well be a way for the PM to retain and remove candidates without being blamed in the run up to the GE, but the fact of the matter is that the MACC does not have the power to vet candidates and cannot therefore engage in such an exercise.

In fact, the MACC should actually decline.

Apart from jurisdiction issues, it should maintain independence.

If any of those selected are later found to be engaged in corrupt practices, we don’t want to have a situation where the MACC is accused of having earlier cleared them and having to later investigate and maybe even prosecute these very persons.

That would not only be a conflict of interest but also a plain embarrassment to them.

I am all for the call for persons to be carefully examined before offering themselves as candidates in the coming GE or any election for that matter.

But asking the MACC to do it is, to my mind, certainly questionable and may further complicate matters instead.

GOBIND SINGH DEO

MP Puchong