MACC's deeds must speak louder than its words

“Any MP who offers, gives or receives bribes in any form from parties with vested interest for positions is committing an offence under Section 16 of the MACC Act 2009.”

- Azam Baki, chief commissioner, Malaysian Anti-Corruption Commission (MACC), quoted by Bernama on Feb 23 – at the height of the Sheraton move.

The above are prophetic, far-telling and visionary words indeed. At the time they were made, they came with a warning more than a qualifier: MACC is keeping a close watch on the current political developments in the country.

“So far, no such offences involving MPs had been committed but warned that MACC would be monitoring the situation closely,” said the chief commissioner of the Malaysian Anti-Corruption Commission (MACC), Azam Baki.

That was 100 days ago and the “close watch” must have resulted in ample information and intelligence on the matter concerning Section 16 of the MACC Act 2009, which Azam so articulately quoted.

This perspective should never change but over the time period when the government changed, the context and meaning may have changed as well, resulting in someone coming up with a different viewpoint.

To put into context, this is what Section 16 of the Act says: "Any person who by himself, or by or in conjunction with any other person:

(a) Corruptly solicits or receives or agrees to receive for himself or for any other person; or

(b) Corruptly gives, promises or offers to any person whether for the benefit of that person or of another person, any gratification as an inducement to or a reward for, or otherwise on account of:

(A) Any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or

(B) Any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned, commits an offence.

Simply put, anyone who corruptly solicits or receives or agrees to receive for himself or for any other person or anyone who corruptly gives, promises or offers to any person is guilty of an offence.

In the short, both the giver and the taker are culpable when it comes to gratification. In this case, “gratification” covers any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity.

The crux of the matter is that gratification does not necessarily mean cash or valuables. It covers money or money’s worth - which covers income from employment or appointments to posts which pay salaries or allowances.

As soon as appointments to the boards of government-linked companies (GLCs) and government agencies were made, de facto Law Minister Takiyuddin Hassan (above) defended them by saying: “MPs are qualified.” He did not elaborate but are they fit and proper persons to deal with multi-million and billion-ringgit organisations?

What were the criteria used? Did it mean if you had some of your constituents operating fishing boats, this makes you qualified in shipping? Or having been to foreign countries on a junket makes you qualify as a special envoy? No explanations have been forthcoming since Umno president Ahmad Zahid Hamidi declared that the appointments were to ensure that the Perikatan Nasional (PN) government’s policies and “aspirations” were implemented.

In the hurry to appoint politicians to the posts, they did not even bother to read the provisions of the law in at least two cases. In the case of Bank Rakyat, guidelines issued by Bank Negara Malaysia prohibit politicians from sitting on the board of banks. In the case of the Social Security Organisation (Socso), the law explicitly states that “no member of any legislature” can be the chairperson of the board.

Despite these setbacks, the PN government was happily dishing out positions to all and sundry without taking into account their qualifications, experience, knowledge and ability. For want of a better example, it handed out candies to appease the children and prevent them from being up to no good.

But all that changed a few days ago when a recording, allegedly of a political party leader's meeting, surfaced. The recording was purportedly made at the Bersatu Supreme Council meeting on Feb 23 – a day before Dr Mahathir Mohamad resigned as prime minister and as chairperson of the party.

In the recording, a man whose voice resembles that of party president Muhyiddin Yassin is heard saying that Umno MPs can be enticed to join Bersatu if they are offered ministerships or GLC posts.

"If they know a new government is being formed, with Umno in, 'Why don't you (Umno MPs) join in now, why don't you join us now, rather than you join later?'

"I think if we did that, a majority will leave Umno (with just) 10-20 (MPs), with just Najib (Abdul Razak) and his people (left behind). Especially if there are positions. If not a minister, then chairperson of a GLC," the voice said.

If the recording is authentic, those who offered and those who accepted the appointments can be charged for corruption. To date, Muhyiddin (above) has maintained a stoic silence and his allies are justifying the appointments providing an array of so-called explanations.

To the layman, the understanding is that MPs were enticed by gratification. In this case, with appointments which can provide annual emoluments running into hundreds of thousands of ringgit.

This explains the speed in which appointments were made and why no “fit and proper person” checks were carried out. We now have round pegs in square holes.

Now, the most important question is whether the MACC will carry out investigations with the intention to prosecute the perpetrators?

The excuse of “we do not have enough evidence” which has been used in some previous cases should never be an issue. The recording suggests that they were induced and mere acceptance of the jobs are key ingredients to prove the case.

Now, will the newly-minted MACC chief have the gall and gumption to see this through or will it all be swept under the carpet until a new government takes over? Or the worst-case scenario will be the return of kleptocracy and the slogan “Cash is King” will once again be the clarion call of politicians.

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R NADESWARAN says the council must stand up to overbearing politicians if they want to serve the people. Comments: citizen.nades22@gmail.com - Mkini