Prime Minister Anwar Ibrahim’s announcement of new democratic reforms must be accompanied by sound principles of good governance, failing which the reforms risk being undermined by serious flaws, the Center to Combat Corruption and Cronyism (C4 Center) has cautioned.
Speaking to Malaysiakini, its CEO, Pushpan Murugiah, drew parallels with the Government Procurement Act passed last year, which came under criticism for being lopsided.
“The Government Procurement Act is a prime example of a law that was ostensibly introduced to improve governance and transparency.
“However, it was later heavily criticised for its flawed provisions that allowed a disproportionate degree of decision-making power to the finance minister, in addition to other provisions that diminish real accountability in the procurement process," Pushpan said.
Yesterday, Anwar announced a series of four main democratic reforms, including a proposed two-term limit for the prime minister’s tenure.
Other reforms announced include the tabling of the Freedom of Information (FOI) Bill, the creation of an ombudsman office, and a bill to separate the Attorney-General’s Chambers (AGC) from the public prosecutor’s office.
Commenting further on the necessity for judicial independence, Pushpan said that the positive impacts of a two-term limit for the prime minister would not be effectively realised if existing laws, which allow discretionary and arbitrary powers to be exercised, are not also reformed.
“This calls to mind the shared portfolios of the attorney-general and public prosecutor’s offices, as well as the appointment process of the MACC chief commissioner.
“These are processes and governance practices that are still not independent from the government’s executive body and the prime minister. A limit on the prime minister’s term cannot circumvent these remaining issues,” he added.
‘Persecutorial incompetence’
Citing examples of possible “persecutorial incompetence” and judicial interference, Pushpan highlighted how several high-profile individuals who were charged for corruption-related offences had been granted acquittals or discharges not amounting to acquittal (DNAA).
This includes Deputy Prime Minister Ahmad Zahid Hamidi, who was granted a DNAA in 2023, over graft charges linked to Yayasan Akalbudi funds.
The AGC had defended its decision to apply for a DNAA for Zahid, stressing that it was “in strict compliance with the law”.
It explained that its application for a DNAA in relation to Zahid’s 47 charges of criminal breach of trust, corruption and money laundering on Sept 4, 2023, was made in light of the circumstances at the time, including the need for further investigations.
Pushpan argued that separating these powers would allow for a more efficient allocation of resources and enable the public prosecutor to handle corruption cases more effectively.
“Of course, the appointments process for the newly founded public prosecutor’s office must also then be transparent and free from any potential control or influence from the executive, such that prosecutions are carried out in accordance with the law, not politically motivated,” he added.
FOI Act must include amendments to OSA
On the tabling of the FOI Act, Pushpan also reminded that it should also take place alongside amendments to the Official Secrets Act (OSA) 1972.
This, he explained, is necessary to ensure that the purpose of the FOI Act does not easily become circumvented by the discretionary powers that the government holds under the OSA, where materials declared as state secrets are prevented from disclosure.
“An effective FOI Act must include an independent information commission that can exercise its own judgment in terms of information disclosure, in adherence to guidelines set out in the primary act, free from external influence,” he said.
He also urged the proposed ombudsman’s office to submit its findings to a parliamentary special select committee (PSSC) or be tabled in Parliament for debate, to ensure the highest levels of transparency.
“C4 Center’s main recommendations for an effective ombudsman office include wide investigative powers, including the ability to require cooperation with investigations, and unrestricted access to relevant documents and premises.
“These would allow for effective fact-finding to ascertain and uncover instances and causes of maladministration, which the ombudsman’s office would then be able to provide recommendations for solutions on.
“While the ombudsman is not a silver bullet to end all maladministration, it nonetheless remains a crucial tool in ensuring transparency and accountability in governance,” Pushpan added.
Need for PSSC review
Civil society organisation Projek Sama also welcomed Anwar’s proposed reforms. However, the group urged that the proposed bills be referred to the PSSC on Human Rights, Elections and Institutional Reforms before being put to a vote in Parliament.
“Alternatively, these bills must be tabled early enough for parliamentarians and the public to study and deliberate before the second reading, and there must be genuine opportunities for amendments in the committee stage,” it said in a statement yesterday.
Similarly, the group also reiterated the C4 Center’s demands for the appointment process for the public prosecutor to be designed transparently, independent of executive control, and free from undue influence.
“Separating the prosecutorial function from the role of the attorney-general is a foundational reform to safeguard prosecutorial independence and eliminate inherent conflicts of interest under the current fused system.
“This separation aligns Malaysia with international best practices and ensures that decisions to prosecute are made free from executive Influence,” Projek Sama added. - Mkini
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