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10 APRIL 2024

Thursday, March 16, 2017

WHAT IS THE LAW ON CORRUPTION AND WHY IS MACC TAKING ONLY PART OF THE ACTIONS AND NOT THE WHOLE SPECTRUM AS PROVIDED IN THE MACC ACT 2009?

Why are the ‘big fish’, the ‘sharks’, so far, have not been arrested? We only see the ‘anchovies’ or at the largest so far, the ‘mackerels – tenggiri’ arrested and we know that there are many of them.
Hussaini Abdul Karim, Shah Alam, Selangor
Reading the news in the major local printed media, alternative online newspapers, electronic media, social sites and many other online news platforms, local and foreign, reporting the arrests of individuals or groups of people belonging to organisations for allegedly committing corruption over the past few months, the Malaysian Anti-Corruption Commission (MACC) must be working very hard and they definitely deserve a ‘pat on the back’.
Reading the Act relating to the arrests as reported and using Section 16 of the Act, for example, and which states, “Any person who corruptly solicits or receives or gives any gratification for himself or for any other person as an inducement doing or forbearing to do anything in respect of any matter commits an offence.”
I highlighted the words and phrases above to question the irregularity of the actions taken by MACC whereby, so far as reported, why are only, “person or persons who corruptly solicits or receives gratification for himself or for any other person as an inducement doing or forbearing to do anything in respect of any matter …” are arrested, what happens to the “giver or givers”?
I do not have to list down the cases here as most people, if not all, already know what type of corruption cases they are, the amount involved and who are the people arrested and are awaiting trials.
Surely, most of the people arrested, from a former KSU to lowly enforcement officers, office assistants and office boys, there must be people who had committed equally serious offences by giving them the money. Is MACC ‘closing an eye’ on those people?
We, the people, the members of the public who have a stake in it, would like to see MACC carry out their jobs and duties fully and satisfactorily and the laws that they use in carrying out their duties and responsibilities are very clearly stated. Surely MACC has very clear guidelines and/or Standard Operating Procedures (SOPs) which their officers and operatives must follow or abide by. There is no point carrying out only part of their duties and responsibilities as this will not deter the other ‘equally bad’ parties or ‘the scums of society’ from stopping their dreaded acts and the aim to stamp out corruption in the country will not be achieved.
The other question that I wish to raise is why are the ‘big fish’, the ‘sharks’, so far, have not been arrested? We only see the ‘anchovies’ or at the largest so far, the ‘mackerels – tenggiri’ arrested and we know that there are many of them. MACC should be comprehensive in carrying out their duties and responsibilities and they should practice the maxim, ‘without fear or favour’.
People who are corrupt have no heart at all and they do not care whether villages with several hundred people living in them located somewhere in the rural parts of this country live without utilities such as electricity and water supplies – two major neccessities – even when they, the corrupt contractors for example, are already paid to provide those services.
Corruption is a bane in any country as it affects the country’s economy badly and along with it, all the accompanying negative chain reactions; amongst others, it pushes the country’s development backwards instead of forward and the level this practice is happening in this country, reported as one of the highest in the world, is certainly something that we Malaysians are not proud of, and it is already affecting higher education in the country. The lack of funds has necessitated the cutting of subsidies for universities to carry out research projects and the sacking of several hundred lecturers, to mention only one of the many negative effects.
Corruption happens everywhere and it is a very difficult act to stamp out but if the agency entrusted with the job, viz. MACC, does not carry out their duties and responsibilities fully, no way will this dreaded act be stamped out in this country.

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