Enforce existing powers before granting new ones

 

For 13 months, the sports commissioner, two sports ministers, and the government remained conspicuously silent as a scandal unfolded and dragged Malaysia's reputation through the mud.

Prime Minister Anwar Ibrahim, who allocated RM30 million to the Football Association of Malaysia (FAM), which publicly acknowledged his role in facilitating citizenship for seven foreign-born players, has said nothing about the controversy.

FAM issued a statement crediting Anwar not just financial support from you and the government, but also its role in “facilitating documentation” for new heritage players.

The perception created by that note of gratitude implied that Anwar had helped with the citizenship papers for the seven players.

The National Registration Department (NRD), which issued the birth certificates and MyKads, was left red-faced when International Federation of Association Football (Fifa) produced original birth records of the players' grandparents that contradicted the claims used to support their eligibility.

Malaysia was branded a cheat. The world looked on with ridicule and contempt. Our actions were seen as a betrayal of trust, both on and off the field.

Fifa did not mince its words when reprimanding FAM:

"Using fraudulent documentation to allow a player to compete constitutes, pure and simple, a form of cheating, which cannot in any way be condoned. Such conduct erodes trust in the fairness of competitions and jeopardises the very essence of football as an activity founded on honesty and transparency."

Lack of accountability

Yet, to this day, no one has taken responsibility for the alleged forgery, submission, and approval of false documents. The only apology came two weeks ago from the newly elected FAM president, consisting of just three words: "We are sorry."

Is that the end of the matter? Case closed?

Apparently, as far as the police are concerned, it is. But what about the findings and reprimand issued by the Enforcement Agency Integrity Commission (EAIC)?

More importantly, what of the sports commissioner?

Despite being vested with extensive powers under the law, he stood by as the controversy escalated, the game suffered reputational damage, and the country was plunged into embarrassment.

Now, following amendments to the Sports Development Act passed in Parliament this week, the sports commissioner has been given even greater powers.

The question is obvious: Why does he need more powers when he failed to exercise the powers he already had?

Section 12 of the Act empowers the sports commissioner to direct any person to disclose information and produce reports or documents deemed necessary to exercise his functions and authority.

Couldn’t he have summoned FAM officials and ordered them to provide documents and account for the money given? Or was he instructed to refrain from doing so?

Watching from the sidelines

Yet there was little sign of any meaningful intervention. Instead, he appeared content to watch from the sidelines while FAM stumbled from one explanation to another, attempting to distance itself from the affair despite the overwhelming evidence presented by Fifa.

If existing powers were not used to hold FAM accountable. then what confidence can the public have that expanded powers will be used any differently now?

The passing of amendments to the Act may create the impression that the solution lies in granting the sports commissioner greater authority. However, this episode demonstrates that the problem was never a shortage of powers.

The sports commissioner already possessed sufficient legal authority to demand documents, compel explanations, scrutinise the conduct of office bearers, and investigate matters affecting the integrity and governance of sports bodies.

The issue is that those powers appeared to remain dormant while one of the most damaging scandals in Malaysian football unfolded in full public view.

For more than a year, Fifa conducted its investigations, issued its findings, suspended players, and publicly reprimanded FAM for conduct that it described as cheating through the use of fraudulent documentation.

Malaysia's reputation suffered internationally, public confidence in football governance was shaken, and serious questions arose about how citizenship and identity documents were obtained, verified, and approved.

Yet there was no urgency from the very institutions entrusted with safeguarding the integrity of sport.

If existing powers were not deployed in a case of this magnitude, the public is entitled to ask what circumstances would ever justify their use.

Reforms without will is meaningless

A law is not ineffective because it lacks provisions. It becomes ineffective when those responsible for enforcing it choose not to act.

Expanding powers may make headlines and create an appearance of reform, but additional powers are meaningless if the will to exercise them is absent.

Ultimately, accountability in sport cannot be legislated into existence through ever-expanding statutory authority.

It comes from the courage to investigate, the determination to demand answers, and the commitment to act without fear or favour when wrongdoing is alleged.

The lesson from the football fiasco is therefore clear: Malaysia does not need a sports commissioner with more powers. It needs one is willing to use the powers he already has.

Until that happens, every new power granted by Parliament risks becoming little more than another unused provision in the statute book. - Mkini

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R NADESWARAN is a veteran journalist who tries to live up to the ethos of civil rights leader John Lewis: “When you see something that is not right, not fair, not just, you have to speak up. You have to say something; you have to do something.” Comments: citizen.nades22@gmail.com

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