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Friday, January 27, 2023

Charge the ‘lembu’ to stem corruption

 From P Sundramoorthy

Corruption exists in various public and private agencies in Malaysia, and in some cases, it involves NGOs, too.

And the middlemen who facilitate this, especially among civil servants, are fondly known as “lembu” (cow).

Sometimes the “lembu” is also referred to as “anjing” (dog) although this term is considered derogatory.

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Here, I will look at the “lembu” and the significant role he plays in creating the rot we see today.

To understand this social phenomenon, we need to ask five questions:

1. To what extent are the “lembu” responsible for corruption?

2. What is the modus operandi?

3. Why are they trusted by those who give and accept bribes in the form of money, gifts and sexual favours to facilitate a crime?

4. What does the “lembu” look like?

5. Are the prevailing anti-corruption laws effective in prosecuting and convicting the “lembu” for facilitating acts of corruption?

The “lembu” has been around for centuries. Of course, these middlemen like to legitimise their role and would very much like to be referred to as brokers or matchmakers.

The key requirement to be a “lembu” is a level of trust and loyalty that the “lembu” has successfully instilled in the willing giver and willing taker of illicit gains. So, to qualify as a “lembu”, your network of contacts has to be extensive and you must have the right connections at the right time.

The modus operandi of a “lembu” is not complicated. Most “lembu” will facilitate the illegal act between the giver and taker. Both parties are obviously very well connected to the “lembu” as well.

However, the “lembu” will also go beyond this role. Sometimes, they act as agents for the taker and will receive the illegal gains, especially cash and gifts, on behalf of the taker. This is where the taker will not directly receive the cash and/or gifts from the giver. In these cases, the taker is normally not very familiar or comfortable with the giver. The “lembu” will ensure that there is no face-to-face contact between giver and taker.

Sometimes, the “lembu” act on behalf of the giver and ensure safe delivery of cash and/or gifts to the taker.

Typically, the “lembu” will get a cut from both giver and taker. Sometimes, the “lembu” will reward himself with a larger cut. This normally occurs when the taker is receiving from many givers or when kickbacks are given out on a regular basis.

“Lembu” are not necessarily outsiders, meaning they may work in the same organisation as either the giver or taker. The “lembu” are also known as bagmen since they are the delivery service provider for both parties. However, most “lembu” are independent agents skilled at wheeling and dealing.

Lastly, how does the law deal with the “lembu”? How frequently are they prosecuted for abetting or for delivering the bribe? Are they used as prosecution witnesses and, therefore, escape any charges or are they totally ignored?

“Lembu” must be prosecuted just like the givers and takers. In fact, these “lembu”, to some extent, cause more harm and damage by creating a conducive environment for corruption. - FMT

P Sundramoorthy is a criminologist at the Centre for Policy Research and International Studies at Universiti Sains Malaysia.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

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