Activists have called for the government to beef up the Anti-Corruption Advisory Board’s oversight powers on the Malaysian Anti-Corruption Commission by giving it greater powers.
Center to Combat Corruption and Cronyism CEO Pushpan Murugiah said the MACC Act 2009 only provides the ACAB with advisory roles rather than functional oversight powers.
Pushpan said the board’s lack of bite in this regard was particularly apparent during the scandal concerning MACC chief commissioner Azam Baki’s apparent shareholdings.
“Even in instances where the board demands changes within the MACC, the decision to implement its recommendations is purely at the discretion of the MACC and its chief commissioner, leaving little room for the board to direct any real change.
“Despite six board members openly calling for independent and transparent investigations over the shareholding scandal, the advisory board itself was unable to conduct any investigations of its own,” he told FMT.
Pushpan also expressed concern that an MACC chief commissioner could attempt to influence the ACAB’s decisions as an ex-officio member of the board under the MACC Act.
He said this could hinder the board’s independence.
He called for the MACC Act to be reviewed so that greater powers could be granted to the board, turning it into a transparent oversight mechanism to the graft-busters.
C4 chairman Edmund Terence Gomez said the shareholding episode raised many questions as to the ACAB’s authority to hold the MACC to account.
Gomez said the board had limited powers to question the MACC chief, while the scandal also exposed issues with the structure of the board.
He called for greater transparency for appointments to the board, with a set criteria outlined under the law.
“In the end, the MACC chief did not have to account for the allegations made against him,” he said.
Gomez had resigned as a member of MACC’s consultation and corruption prevention panel in December 2021 in protest against the board’s refusal to discuss the case involving Azam. He was appointed to the post in 2020.
In January 2022, the ACAB cleared Azam of any wrongdoing over his purchase of corporate shares after the MACC chief explained that his share account was used by his brother to purchase shares in which he had no pecuniary interest.
Six panel members later distanced themselves from a statement made by the then ACAB chief, Abu Zahar Ujang, saying it was his personal view and that they were not satisfied with Azam’s explanation.
Last week, MACC announced the appointment of six individuals to the ACAB for a three-year term, including former Transparency International Malaysia president Akhbar Satar.
