Jamil Khir Baharom and Tabung Haji: Clueless or incompetent?

 

Jamil Khir Baharom is back in the headlines, and this time, the story has moved beyond an investigation.

According to reports, the former religious affairs minister is expected to face three charges over alleged dishonest misappropriation of property linked to a Tabung Haji case. He is expected to appear in the Kuala Lumpur Sessions Court on Monday.

Jamil was detained by the MACC for seven days and released after his remand ended.

Let us be clear. Being charged does not mean he is guilty. But it does raise another question: What was his responsibility as the minister overseeing Tabung Haji?

He was religious affairs minister from 2009 to 2018. During that period, Tabung Haji came under his ministerial responsibility.

The royal commission of inquiry has since exposed serious weaknesses in its governance. Among them were four hotel leases in Mecca and Medina between 2015 and 2017, involving about RM1.54 billion in upfront payments.

The RCI found weaknesses in due diligence and risk controls. Rental payments later fell into arrears, prompting Tabung Haji to take legal action in Saudi Arabia.

This was not a small administrative mistake. This involved more than RM1.5 billion. So where was the minister?

Jamil has said Tabung Haji decisions followed recommendations from the board and that he relied on its governance processes. But is relying on the board enough? More importantly, is simply accepting its recommendations enough to discharge ministerial responsibility?

The RCI said the religious affairs ministers relied entirely on recommendations from management and the board on fund management and investments. In other words, there was little or no independent scrutiny by the minister.

It also found that the law gave the minister broad powers over Tabung Haji's operations, funds, and investments.

Nobody expects a religious affairs minister to be a financial expert. But surely he must ask: How much money are we committing? What are the risks? Has proper due diligence been done?

And if something goes wrong, who is accountable?

A minister cannot know everything, but overseeing an institution means asking the right questions. Otherwise, what exactly is ministerial responsibility?

Old controversies raise fresh questions

Unsurprisingly, this is not the first controversy involving Jamil.

In 2011, there was controversy over the use of zakat funds for legal costs involving him and religious officials. Jamil denied that zakat money had been used, while reports said the money had initially come from a zakat account before being replaced with government funds.

In 2015, allegations emerged over Islamic Economic Development Foundation (Yapeim)-linked funds and a US trip involving shopping and golf. Jamil denied wrongdoing and sued the NGO chief who made the allegations.

The controversy was serious enough for Jamil to announce a task force to examine Yapeim's governance.

None of this proves that Jamil committed a crime. But it is part of the public record.

Malaysians have long memories, even if politicians sometimes hope they don't. For years, controversies have surfaced. Denials have followed. Investigations have come and gone. More importantly, accountability has often seemed to disappear somewhere along the way.

Now that the Tabung Haji case has moved to the prosecution stage, we hope the justice system will shed light on what transpired in the management of the pilgrim fund.

We must not confuse suspicion with proof. But neither should we pretend public suspicion comes from nowhere.

When people repeatedly see powerful politicians escape consequences, they lose faith in the system. That may be the greatest damage of all.

Ministerial responsibility cannot be ignored

The RCI also found that political involvement affected certain Tabung Haji decisions between 2014 and 2018, including profit distribution, haj charges, and financial support.

It recommended major governance changes, including separating responsibility for haj management from financial and investment management.

So perhaps the biggest question is not: Did Jamil personally make a bad decision? It is: Did he do enough as the minister responsible?

Those are two very different questions.

A minister may not personally commit wrongdoing. But political responsibility does not disappear simply because a minister says: “I relied on the board.” Or, “I relied on officials.” Or, “I did not know.”

Ministerial office brings power. It brings authority. It must also bring accountability, especially when things go wrong. And this applies to every minister.

Every political party should demand accountability from its own people, not just its opponents, because protecting political friends is not governance. Demanding accountability is.

The rakyat should expect more. Much more.

Ultimately, the question is not only whether a minister broke the law. It is whether he did the job the rakyat entrusted him to do.

If ministers are not accountable for what happens under their watch, what exactly are they responsible for? - Mkini

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MARIAM MOKHTAR is a defender of the truth, the admiral-general of the Green Bean Army, and the president of the Perak Liberation Organisation (PLO). Find her on her website and on X.

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