This morning's raid by the Companies Commission of Malaysia (CCM) at the office of National Oversight & Whistleblowers Centre (NOW) does not follow powers and procedures accorded to the commission under the law, said Pandan MP and NOW chief Rafizi Ramli.
The CCM officers said that their inspection of NOW's office was to ensure that the organisation complied with Section 167 of the Companies Act 1967 which requires that officials and directors keep complete financial records for up to seven years.
"I was informed by NOW executive director Akmal Nasir who is at the office that the CCM officers did not issue a written notice to check NOW financial records.
"This contradicts with the law as the CCM does not have the power to check any company or organisation's documents without notice," said Rafizi in a statement.
As such, Rafizi said that after consultation with lawyers, he has instructed the organisation's officials not to release information being requested by CCM.
They will cooperate once the CCM officers come back with a written notice, he added.
Rafizi said according to Akmal, the officers from the commission explained that they did not issue a written notice to make things easy for NOW, as a notice would require the organisation to provide all the listed information.
The lawmaker however refuted the officer's reasoning, saying that while they may be as well meaning as they said, they cannot run away from being governed by provisions under Section 27A and 27D of the Companies Commission of Malaysia Act that details the commission's investigative and enforcement powers.
"The provisions clearly state that a written notice is required beforehand," he said.
Rafizi said the CCM officers came by NOW's offices at about 11am when he was away tending to his constituency of Pandan. -Mkini