The Royal Commission of Inquiry (RCI) to investigate Lembaga Tabung Haji held its first meeting on Jan 26.
The matter was confirmed by Minister in the Prime Minister's Department (Parliament and Law) Wan Junaidi Tuanku Jaafar recently, as reported by Kosmo.
However, Wan Junaidi said he did not know about the details of the meeting as it was not under his jurisdiction.
Instead, he explained that it was under the jurisdiction of Minister in the Prime Minister's Department (Religious Affairs) Idris Ahmad.
However, on Feb 2, Idris merely commented that the Prime Minister's Department (Religious Affairs) would not interfere in the RCI's investigation into issues arising from Tabung Haji.
Malaysiakini contacted RCI member Samsudin Osman, who is also former chief secretary to the government, to get further details on the outcome of the meeting, but Samsudin said he could not disclose it.
"We can't make any statement," he replied briefly.
When pressed about the terms and conditions of the RCI, he said the matter could not be disclosed.
For the record, on Sept 26, 2021, Deputy Minister in the Prime Minister's Department (Religious Affairs) Ahmad Marzuk Shaary said the government would announce the terms and conditions of the RCI "in the near future."
"The terms and conditions will not run away from the purpose of the establishment of the RCI to investigate issues arising on Tabung Haji from 2014 to 2020.
"All transactions that arise on Tabung Haji matters either in Parliament or social media that need to be investigated will be resolved through the RCI," he said.
On July 14, 2021, Ismail Sabri Yaakob, who was then the deputy prime minister, announced that the government through a cabinet meeting had agreed to set up an RCI to conduct an investigation into Tabung Haji.
Lengthy investigation
The investigation covers the audit results of consultants such as PriceWaterhouseCoopers (PWC), Ernst & Young (EY) and Roland Berger from 2014 to 2020.
Ismail Sabri explained that it does not include the recovery and restructuring plan of Tabung Haji, which is being implemented now.
However, former religious affairs minister Mujahid Yusof questioned whether the Tabung Haji board's restructuring plan should be included under the RCI.
The Parit Buntar MP added that he was ready to be called to testify at the RCI.
According to Ismail Sabri, the RCI includes an investigation to determine whether or not there was an act of concealing information related to the issues raised and another issue of giving misleading statements.
Also listed is for the RCI to recommend appropriate action against the parties involved in violating any provision of the law, whether directly or indirectly, without prejudice to existing investigations or legal action.
For the record, the government previously agreed to set up an RCI under the Commission of Inquiry Act 1950 (Act 119) to investigate issues of the management and operation of Tabung Haji.
Earlier, it was reported that RCI members would consist of experts in the fields of syariah, law, Islamic banking and investment.
On Jan 19, the government announced the appointment of six RCI members led by former chief justice Mohamed Raus Sharif after obtaining the consent of Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah to resolve issues related to Tabung Haji for the period of 2014 to 2020.
Other RCI members are Samsudin, RHB Group founder Abdul Rashid Hussain, former Bank Muamalat Malaysia Berhad chairperson Mohd Munir Abdul Majid, Sultan Abdul Halim Mu'adzam Shah International Islamic University (Unishams) vice-chancellor Asmadi Mohamed Naim, and chartered accountant Norsyahrin Hamidon who is also the deputy president of the Malaysian Malay Chamber of Commerce.
Issues and controversies
In December 2018, Mujahid, who was the minister in charge at the time, revealed that Tabung Haji had a deficit of RM4.1 billion at the end of 2017.
An independent survey by independent audit firm PWC found that government funds had suffered an equity value loss of RM4.3 billion, but this fact was allegedly hidden.
The firm further concluded that Tabung Haji had hidden its losses in order to issue dividends in 2017.
For the record, the Tabung Haji Act 1995 does not allow for the distribution of dividends in the event of a lack of funds.
Among the issues raised in the PWC report was that Tabung Haji was found to have paid hibah (dividends) using depositors' savings, according to a review of its financial position in 2017.
However, on paper, Tabung Haji gives the impression that the hibah was paid using the company's profits, according to a report tabled in the Dewan Rakyat in December 2018.
In fact, in 2015, the then chief executive officer of Tabung Haji Johan Abdullah confirmed that there was a purchase of land at the Tun Razak Exchange (TRX) site, where investment firm 1MDB sold a piece of land to Tabung Haji for RM188.5 million, which is lower than previously expected.
For the record, Baling MP Abdul Azeez Abdul Rahim, who was the Tabung Haji chairperson from July 2013 to May 2018, currently faces 13 charges of corruption and money laundering.
He had previously denied two police reports alleging mismanagement of RM22 million by Tabung Haji, and said the reports had "bad intentions" against him.
Criticism of proceedings
On Sept 27, 2021, Marzuk said in the Dewan Rakyat that no investigation paper had been opened regarding the alleged theft of Tabung Haji funds.
"So far, no investigation paper has been opened on any party on the allegation of stealing Tabung Haji money," he said in Parliament in response to a question by Azeez.
On Jan 30, 2020, Umno Youth chief Asyraf Wajdi Dusuki urged the government to immediately set up an RCI to investigate allegations of irregularities in Tabung Haji, as promised in the Pakatan Harapan Manifesto.
In its manifesto, Harapan stated that the establishment of an RCI investigation for the investigation into the 1MDB, Felda, Mara and Tabung Haji scandals was promised during the last 14th general election campaign. - Mkini
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