Lawyer Mahajoth Singh has called for Section 36 of the MACC Act, which requires those issued a notice under the law to declare all their assets, to be applied to graft buster Azam Baki.
Mahajoth said there was a need for the section, which contains no exceptions, to be applied to the MACC chief.
“If Section 36 cannot be applied because its subject remains in command of the enforcing authority, then the statutory safeguard is rendered meaningless.
“There is no provision in the MACC Act 2009 that exempts the chief commissioner from the operation of Section 36. If Section 36 applies to ordinary Malaysians, public servants and officials, it must apply equally to Azam,” he said in a statement today.
Section 36 is the provision that the MACC used to force asset disclosures from the late former minister Daim Zainuddin and his wife, Na’imah Khalid, among others. The couple was later charged with alleged non-compliance.
Shares worth millions
Azam is the subject of an internal government committee probe over his shareholding portfolio and perceived non-compliance with civil service rules.
Companies Commission of Malaysia records revealed that Azam had, at some point, held 17.7 million shares in Velocity Capital Partner Berhad and around 4.52 million shares in Awanbiru Technology Berhad.
The Velocity Capital Partner shares were believed to have been bought for around RM1.5 million, while the Awanbiru shares were estimated to have been valued between RM1.24 million and RM1.38 million at some point.
It is unclear whether Section 36 of the MACC Act has been invoked as part of the government investigation on Azam’s shareholdings - a matter Mahajoth wants Prime Minister Anwar Ibrahim to clarify.
He also urged Anwar to explain on what legal basis Azam continues to serve as MACC chief.
Azam has refused to go on leave pending investigations.
The shareholdings scandal is just one of the issues plaguing the MACC.
Two weeks ago, Bloomberg also published a damning report alleging that MACC officers had colluded with private individuals to shake down business rivals - with Azam supposedly in the know.
The government has taken no action to address the collusion allegations despite calls by lawmakers and civil society for an independent investigation into the MACC. - Mkini
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