Local corruption watchdog National Oversight and Whistleblowers (NOW) believes that the introduction of Section 203A into the Penal Code is intended to have a chilling effect on civil servants from exposing graft.
NOW's top two leaders Rafizi Ramli and Akmal Nasir said in a statement today the law was also aimed at warning groups such as NOW that they risk jail for exposing corruption in government.
"This poorly informed decision by the BN will give rise to civil servants who will choose to remain ignorant about graft in their departments or environment because of the risk of punitive action.
"It will give overarching power to department heads to penalise any staff who tries to expose corruption.
"In effect, it is not only ministers who are immune to prosecution from graft, but now this immunity is extended and institutionalised to senior government officers through Section 203A," Rafizi (above) and Akmal said in their statement.
They were referring to the introduction of Section 203A into the Penal Code, which was passed by the Dewan Rakyat last night.
'New threat doesn't change a thing for us'
The new provision reads: "Whoever discloses any information or matter which has been obtained by him in the performance of his duties or the exercise of his functions under any written law shall be punished with a fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both."
De facto law minister Nancy Shukri told the Dewan Rakyat that this law must be read together with Section 203 of the existing Penal Code on the giving of false information.
Section 203 reads: "Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment for a term which may extend to two years, or with fine, or both."
Despite the latest developments, NOW said it will not be cowed and will continue with its duties.
"We have been hauled to court and have faced the risk of jail. This new threat doesn't change a thing, nor will it dampen our efforts to fight corruption and protect whistleblowers.
"On the contrary, it has reaffirmed our belief that efforts to fight corruption need to be a mass movement," Rafizi and Akmal said.
In view of this, NOW has begun negotiations with other NGOs to establish a coalition against corruption and the abolition of laws that protect the corrupt known as Bersama NGO Anti-Rasuah or Benar.
NOW's top two leaders Rafizi Ramli and Akmal Nasir said in a statement today the law was also aimed at warning groups such as NOW that they risk jail for exposing corruption in government.
"This poorly informed decision by the BN will give rise to civil servants who will choose to remain ignorant about graft in their departments or environment because of the risk of punitive action.
"It will give overarching power to department heads to penalise any staff who tries to expose corruption."In effect, it is not only ministers who are immune to prosecution from graft, but now this immunity is extended and institutionalised to senior government officers through Section 203A," Rafizi (above) and Akmal said in their statement.
They were referring to the introduction of Section 203A into the Penal Code, which was passed by the Dewan Rakyat last night.
'New threat doesn't change a thing for us'
The new provision reads: "Whoever discloses any information or matter which has been obtained by him in the performance of his duties or the exercise of his functions under any written law shall be punished with a fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both."
De facto law minister Nancy Shukri told the Dewan Rakyat that this law must be read together with Section 203 of the existing Penal Code on the giving of false information.
Section 203 reads: "Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment for a term which may extend to two years, or with fine, or both."
Despite the latest developments, NOW said it will not be cowed and will continue with its duties.
"We have been hauled to court and have faced the risk of jail. This new threat doesn't change a thing, nor will it dampen our efforts to fight corruption and protect whistleblowers.
"On the contrary, it has reaffirmed our belief that efforts to fight corruption need to be a mass movement," Rafizi and Akmal said.
In view of this, NOW has begun negotiations with other NGOs to establish a coalition against corruption and the abolition of laws that protect the corrupt known as Bersama NGO Anti-Rasuah or Benar.
Meanwhile, Transparency International-Malaysia (TI-M) also criticised the amendment.
In a statement, TI-M said that it betrayed Prime Minister Najib Abdul Razak’s own urging recently, while on a trip to US, to make corruption a thing of the past.
“The public will view Najib Abdul Razak’s proposal for zero corruption as insincere, unless the move to amend Section 203A is scrapped immediately, without wasting the precious time of the august house,” it said in the statement.
TI-M said that without proper protection for whistleblowers, major scandals such as the Port Klang Free Zone (PKFZ) and the National Feedlot Corporation (NFC) would not have been exposed.
In a statement, TI-M said that it betrayed Prime Minister Najib Abdul Razak’s own urging recently, while on a trip to US, to make corruption a thing of the past.
“The public will view Najib Abdul Razak’s proposal for zero corruption as insincere, unless the move to amend Section 203A is scrapped immediately, without wasting the precious time of the august house,” it said in the statement.
TI-M said that without proper protection for whistleblowers, major scandals such as the Port Klang Free Zone (PKFZ) and the National Feedlot Corporation (NFC) would not have been exposed.
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