Crisis in MACC and our failed institutions

 

If there is one thing we can learn from Donald Trump’s stint as President of the United States is that institutions of the State do matter.

Citizens can elect a populist demagogue, but if the State has strong institutions, free from the interference of the Executive, the country will be protected from most long-term harm.

Politicians after all come and go, but the institutions remain as bulwarks against destructive leaders.

Unfortunately in Malaysia, our institutions suffer from major trust deficits.

This was worsened over the course of the pandemic when authorities tasked to carry out the various Covid-19 SOPs have been found wanting when it came to implementing the regulations justly and equally on all.

The term ‘Antara Dua Darjat’ became the tagline when it came to double standards in enforcement. At the heart of the problem are the various institutions tasked to implement the SOPs.

Another institution of the State is going through a major crisis in confidence in the past few weeks. The MACC has not seen a crisis of this magnitude since the days of 1MDB.

This time, however, it is the Chief Commissioner of the Commission, Azam Baki, who is at the centre of the storm.

The spark was lit when academic Edmund Terence Gomez resigned from the MACC’s Consultation and Corruption Prevention Panel claiming there was inaction from the Anti-Corruption Advisory Board (ACAB) regarding allegations surrounding Azam Baki.

The allegation pertains to Azam’s apparent ownership of shares in a company.

Earlier this month, in an attempt to ‘clear the air’ through a press conference, Abu Zahar Ujang, the chairman of the ACAB stated that the shares were purchased by Azam’s brother. The said brother used Azam’s trading account, it was said.

This press conference had the opposite effect of ‘clearing the air’. It raised more questions than answers.

Abu Zahar’s declaration that the ACAB was ‘satisfied’ with this explanation was met with criticisms, as well as the target of memes and trolls by a cynical public.

The response was so bad that some days later, the other ACAB members distanced themselves from Abu Zahar’s declaration. Abu Zahar himself blamed the media six days after the press conference, saying his statement was ‘misreported’.

Meanwhile, Azam himself had taken legal action against Lalitha Kunaratnam, the whistleblower who first exposed the shareholdings under Azam’s name.

In what is seen as a desperate attempt by the embattled Chief Commissioner, he even claimed that Lalitha’s purported defamation of him is akin to ‘insulting’ the Yang di-Pertuan Agong who appointed Azam to the position.

An absurd claim, since the YDPA appoints the Chief Commissioner of MACC upon advice by the Prime Minister and not under his own personal discretion.

But Azam’s woes are not over yet. He has been summoned to appear before the Parliamentary Select Committee (PSC).

Meanwhile, mysterious posters have appeared on social media, presumably to call for a protest on Jan 22. The posters use the hashtag #TangkapAzamBaki, although, at the time of writing, its organisers have not been identified.

Unfortunately, the controversy surrounding Azam has negatively impacted the confidence reposed in the MACC. This was exacerbated by a press statement by MACC, issued by the top officials of the Commission, standing by their Chief Commissioner.

By all accounts, corruption is a cancer that our society suffers greatly from. In 1MDB, we are still paying for the cost of one of the biggest corruption scandals we have ever seen.

An anti-corruption body must have the confidence of the public as a vital institution in combating the scourge of corruption.

When that institution suffers from such a major trust deficit, we as a nation will be impaired. When the MACC is seen to be problematic, the people will lose trust in the institutions. And institutions without trust are institutions that fail.

When our institutions fail, we inch ever closer to becoming a failed State. - Mkini

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SYAHREDZAN JOHAN is a civil liberties lawyer and political secretary to Iskandar Puteri MP Lim Kit Siang.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.