Gov't fighting graft, not perception: Nazri Aziz

Gov't fighting graft, not perception: Nazri Aziz

KUALA LUMPUR: The government is not worried about the perception of corruption and prefers to focus on fighting graft instead. Tourism and Culture Minister Datuk Seri Nazri Abdul Aziz said perceptions are just that, perceptions, and people can believe what they want. "We are not worried as it is just perception, there is no truth in it....

Article - 02/03/2017 - 9:36am - 0 comments

Reporting an offence is not defamation

A person who complains about an alleged offence to enforcement agencies cannot be sued for defamation for lodging those reports, ruled the Federal Court.

Tuesday, 8 August 2017

BY NURBAITI HAMDAN

The court held that such reports to agencies such as the Malaysian Anti-Corruption Commission (MACC), the Commercial Crime Investigation Department (CCID) and the Registrar of Societies (RoS) are protected with absolute privilege.

The unanimous decision was made during the appeal brought by former Selangor Chin Woo Athletic Association president Datuk Dr Low Bin Tick.

Justice Aziah Ali said the three authorities in the case shared a common feature in which they were statutorily empowered with investigative powers.

“The purpose (of lodging a complaint) is to notify these authorities of alleged unlawful conduct and to set an investigation in motion and, if appropriate, to take the necessary action against the alleged wrongdoer,” said Justice Aziah yesterday.

The Bench set aside the decision by the Court of Appeal and the High Court. The lower courts had ordered Dr Low to pay RM500,000 in damages to another former Chin Woo president, Datuk Chong Tho Chin.

Yesterday, the Bench also awarded RM150,000 in costs to Dr Low.

Chong, who was Chin Woo president from 1991 to 2001, had filed four defamation suits at the High Court in 2007.

Chong claimed Dr Low, who was president from 2001 to 2005, had made unfounded and defamatory complaints regarding him in the letters to the three authorities in 2005.

The Federal Court said Dr Low’s letters to the authorities had alleged probable misuse of power, breach of trust, fraud and negligence.

“The common vein in these letters is the request for the authorities to carry out investigations and to take action, if appropriate,” Justice Aziah said.

On republication of a police report, the court held the issue did not arise for their consideration since it was not raised in the appeal.

But she said a person who repeats another’s defamatory statement without privilege may be held liable for republishing the same libel or slander.

The five-man Bench was led by Chief Judge of Malaya Justice Ahmad Maarop. Apart from Justice Aziah, also in the panel were Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Justices Hasan Lah and Ramly Ali.

http://www.thestar.com.my/news/nation/2017/08/08/reporting-an-offence-is-not-defamation-whistleblowers-cannot-be-sued-for-libel-or-slander-rules-fede/

ACA: Failure to report graft is an offence

Not reporting an act of corruption is an offence punishable with a two-year jail term or a RM10,000 fine, said Anti-Corruption Agency (ACA) deputy director-general (II) Datuk Zakaria Jaafar. 

Friday, 28 December 2007 | MYT 12:00 AM

He said this was provided for under Section 17 of the Anti-Corruption Act. 

“Civil servants can face a maximum of 10 years' jail or a fine of RM100,000,” he said yesterday. 

Speaking at the launching of the Perak state Anti-Corruption Integrity Tour at the Ipoh Selatan Toll Plaza, Zakaria also gave the assurance that the identity of whistleblowers would be protected. 

“One need not worry when giving us information,” he added. 

Zakaria stressed that corruption must be nipped in the bud. 

“Failure to curb corruption will affect the country’s economic and political stability,” he added. 

Zakaria later joined artistes to give away hampers to motorists passing through the toll plaza. 

Among those present was state ACA director Samsiah Abu Bakar.  

http://www.thestar.com.my/news/nation/2007/12/28/aca-failure-to-report-graft-is-an-offence/

My View - Save Malaysia from corruption

"Corruption is corruption no matter who commits it," is indeed the take-home message for all in the fight to eliminate corruption.

Posted on 8 March 2016 - 07:20pm

Dzulkifli Abdul Razak

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ON reading Sultan Nazrin's address on corruption and how it can destroy a country, the message is direct and pointed.

"Corruption is corruption no matter who commits it," is indeed the take-home message for all in the fight to eliminate corruption.

But it is not just the "who", also the "what" and "how". No longer is it about the magnitude and material involved but goes beyond.

For example, "spiritual" corruption is often the "doorway" to such an activity. Included is knowledge corruption where the term "corruption" has been subtly redefined as new normal allowing it to be carried out under different disguises.

The message reminded me of an audience with the president of the Republic of Indonesia in 2006 in relation to a conference on disaster management following the 2004 tragic tsunami disaster that hit Aceh.

As part of the delegation of the Association of Southeast Institutions of Higher Learning (ASAIHL), we paid a courtesy visit to the then president Susilo Bambang Yudhoyono (more popularly known as SBY).

It was a memorable event not only because he is the first directly elected president, but he also exhibited frankness as a statesman in expressing his concern about the state of "corruption" in Indonesia.

He could have chosen to talk about how great Indonesia is as a nation of many legacies and traditions, but instead shared his experiences in dealing with the social menace that Indonesia is notoriously known for.

This, he reasoned, is because it has everything to do with education, and ASAIHL being the longest established association in the region has a crucial role to play in combating corruption.

Many sypmpathised with him when he related his embarrassment at global platforms having to meet his counterparts.

He felt that all eyes were focused on him as a leader of a nation crippled by corrupt practices, as though putting the blame on him for allowing the state of affairs to drag on for so long. And that he had condoned it for some selfish political reasons.

He shared how dreaded it was each time he had to face such predicaments and reiterated the importance of education in ensuring that future generations should be spared from such unpleasant events.

He also pledged to do the utmost in the support towards this end.

Hence today, Indonesia has seen some dramatic changes in the fight against corruption.

Only last month SBY, even as former president, continued to show unreserved concern, saying: "The Corruption Eradication Commission's (KPK) efforts to fight corruption must not weaken, slow down or even be restricted by any law or whatever form of interference by those in power."

"I must continue to encourage the efforts aimed at eradicating corruption. Just because I am no longer in power, my determination to this effect does not change, our fight will be fought through the Democratic Party factions in the DPR (the House of Representatives)," he said.

Although admittedly many ministers and party cadres were charged with corruption allegations during his administration, he is categorical that he never interfered in the internal affairs of the KPK, particularly when it came to prosecuting someone involved in corruption.

As president, allegedly he did not (mis)use the power to interfere in the commission's work.

"If I did it, it would tarnish the oath and the mandate given to me as a president who should set an example in eliminating corruption and making the KPK a success," he added.

Not surprising, the Indonesia Corruption Perception Index for 2015 showed an impressive improvement by 19 spots from 2014 to sit at 88th place among 168 countries.

In contrast, Malaysia though is placed higher at the 50th spot, its position has declined by four rungs since 2014 to the 54th place.

Between 2012 and 2013, its position has stagnated in the 49-55 range, so much so Transparency International Malaysia (TI-M) president Datuk Akhbar Satar warned that Indonesia "could soon outperform Malaysia in Transparency International's Corruption Perceptions Index" given its double-digit leaps up in the past few years.

Among the reasons why this is possible is KPK's independence as compared with the Malaysian Anti-Corruption Commission (MACC). Contrast the term "elimination" in KPK as compared with "anti" for MACC.

"In the past when KPK did not receive enough from the government's budget, the people raised funds and opened an office for KPK. Now KPK is financed by public donations and does not rely much on the budget," said TI-M.

This has enabled KPK to take on more high-profile cases as it is also vested with prosecutorial powers.

This has contributed to its 100% success rate on convictions.

It is therefore only befitting that in 2013, the KPK was the recipient of the Ramon Magsaysay Award, which is widely touted as the "Asian Nobel Prize", as the highest acknowledgement of Indonesia's seriousness in battling graft.

It is in this context that the Sultan of Perak's call to fight corruption without fear or favour must be heeded by all Malaysians and institutions.

This is a fight that we must not lose in order to save Malaysia from being destroyed.

With some four decades of experience in education locally and internationally, the writer believes that "another world is possible". Comments: letters@thesundaily.com

http://www.thesundaily.my/node/353867

Column - ‘Man of few words’ means business

"I'M a man of few words. I would like to warn those involved to stop immediately. This is not an empty threat."

This was the warning that rang out loud and clear from Datuk Dzulkilfi Ahmad shortly after he was appointed chief commissioner of the Malaysian Anti-Corruption Commission (MACC) in August last year

Posted on 2 February 2017 - 07:29pm
Last updated on 3 February 2017 - 08:04am

Azman Ujang

"I'M a man of few words. I would like to warn those involved to stop immediately. This is not an empty threat."

This was the warning that rang out loud and clear from Datuk Dzulkilfi Ahmad shortly after he was appointed chief commissioner of the Malaysian Anti-Corruption Commission (MACC) in August last year.

The warning which he issued in an interview with Bernama came with an "offer" to corrupt individuals – "surrender or wait for the MACC to come after you". He wants those involved in corrupt practices and abuse of power to step forward or be prepared to face the full brunt of the MACC's enforcement.

His primary focus is to enhance integrity in the public and private sectors.

And for the MACC to mean business, the warning will translate into raids of government and private offices if there is evidence of corrupt practice.

"We will study and discuss with the Attorney-General's Chambers on what action could be taken (for a lighter sentence) as the question of prosecution is under their purview," he said.

Before the warning could even sink in among those on the MACC radar screen, Dzulkifli walked the talk. In fact, Dzulkifli best epitomises the phrase "walk the talk" per se.

Hardly two days after the warning to crack down on corrupt civil servants, the MACC picked up high-ranking officials in a swoop in Kuala Lumpur, Malacca and Kelantan and seized RM13 million in cash and other assets.

Then came the truly sensational freezing of some RM200 million in the bank accounts of two top officials of the Sabah Water Department last October in what the media aptly described as the "Watergate" scandal after the US political scandal that forced the resignation of President Richard Nixon almost 45 years ago.

MACC officers who raided the house of one of the civil servants stumbled upon what could well be the biggest stash of ill-gotten cash ever discovered in history – well over RM50 million – that took officers more than 15 hours to count.

One of them was reported as saying that there was cash stacked in virtually every inch of the room, in cupboards, boxes and racks.

Jewellery and handbags worth millions were also found in the house and the Sabah Water Department director, who has since been replaced, and his wife are still in custody after failing to raise hefty bail amounts demanded by the prosecution team.

The MACC has been relentless in the crackdown with Dzulkifli coming out with another warning that from now on, there would be an average of one high-profile arrest each week.

Earlier last month, the secretary-general of a ministry was nabbed for alleged corrupt practice and abuse of power and had to be held in custody for about 10 days, along with two of his sons.

This particular case involving the topmost civil servant in a ministry sent shock waves across the civil service whose image has taken a beating.

I have been talking to some senior civil servants and the mood generally in the civil service is somewhat subdued in the face of this spate of arrests of people so senior and the question that comes to mind is "who's next?"

I could sense this mood earlier last month when I was invited to give a talk on media matters to top civil servants comprising secretaries-general and directors-general at their retreat in Pahang, just a few days after the arrest of the secretary-general.

Last week, the MACC detained four high-ranking officials of the Felda Land Development Authority (Felda), the government entity that controls one of the world's largest oil palm plantations.

To top it up, Dzulkifli, in a live interview with Awani TV, dropped another bombshell – "Tunggulah" (Just wait), he warned politicians as well, as the MACC is casting its net further afield in its war against corruption.

Many would have thought that it would take some time for this to happen. It did not.

On Tuesday, the MACC announced that it was investigating an allegation involving Mara chairman and former Cabinet minister Tan Sri Annuar Musa, who is also Umno information chief.

It is alleged that funds from Mara, a key government agency set up to uplift the economic status of Malays, were used to sponsor the Kelantan football team or better known as the Red Warriors.

Annuar is president of the Kelantan Football Association.

Mara, which comes under the Ministry of Rural And Regional Development, has suspended Annuar as chairman.

Amid the high-profile arrests, MACC itself faces some tough challenges internally in ensuring that those individuals brought to the courtroom are convicted.

There's nothing more frustrating to the MACC in general and its prosecutors in particular if those charged are acquitted due to weaknesses or gaps in the prosecution. Or worse still, acquitted on a technicality.

Dzulkifli, a lawyer of some standing, knows this more than anyone else. He was a top-notch officer of the Attorney-General's Chambers before being appointed the MACC chief commissioner.

At the AG's Chambers, he held posts like prosecution division forfeiture unit chief, Criminal Cases Management director and National Revenue Recovery Enforcement Team head.

He knows his stuff and we all wish him well as the unassuming "man of few words" gets cracking and lets his actions speak louder than words.

http://www.thesundaily.my/news/2149087

GLC appointments: don’t trivialise the discourse

I just returned from New Delhi, visiting two schools that run an education voucher programme and attending a regional meeting of the Mont Pelerin Society which discussed India’s position as a global power. 

By Wan Saiful Wan Jan, For “Kite of Freedom” column in The Star (iPad edition) Wednesday 16 February 2011

The Mont Pelerin Society was founded in 1947 by Professor Friedrich von Hayek, to bring together classical liberal thinkers so that they can exchange ideas on how to strengthen the principles and practices of a free society.

Quite a few journalists called me up while I was in the meeting, trying to get clarifications about a panel discussion we organised last Tuesday, 8 February, in conjunction with the 108th birthday of Almarhum Tunku Abdul Rahman and IDEAS’ first anniversary.

It turned out that while I was abroad, there was a small storm at home resulting from comments made that event, especially regarding whether politicians should be appointed to top positions in GLCs.

The real reason behind this small storm was me. I was the moderator of the panel discussion, and we were discussing Tunku Abdul Rahman’s statement: “I have always maintained that the Government must not indulge in business. This must be left to the business community.”

I asked our panel members what they thought about this quote. I argued that some business entities could be used for political agenda, and the appointment of politicians to top posts in government-owned businesses may give rise to the wrong impression.

I then gave the example of Felda, wherein Tan Sri Isa Samad, whom UMNO have found guilty of influencing votes with money, was made chairman at a time when there are worries about how Felda settlers would vote. I insinuated that there may be political reasons behind this appointment.

For those who know me, I think it is no secret that I vehemently disagree with such a move because it creates doubt about the government’s commitment to reform.

Datuk Zainal Aznam gave a strong response, saying that it was a sad day for the country because the message given by the appointment was certainly wrong. I completely agree with Datuk Zainal. For someone in such a high position to be so brave in voicing the strong, and risky, opinion is laudable.

I departed for New Delhi the day after that event. Soon after arriving I received emails and SMS informing me that our top leaders, including the Prime Minister, are commenting on statements made at our event.

Yes, the answers given to my question on that day may hurt the government. But I believe that if we want the reform agenda initiated by the Prime Minister to succeed, then we must be brave enough to correct wrongs. Only with this kind of frankness can we ensure the government’s efforts to liberalise our economy continues to be on the right track.

But, I am worried that by giving too much attention on my question regarding the propriety of Tan Sri Isa Samad’s appointment, we are missing the bigger picture that I was trying to raise, which is whether or not a government should own and run business entities. That is the question brought up by Tunku’s quote above. And that is the proper context for our debate. As a classical liberal, I share Almarhum Tunku’s belief that the government should not.

At the opening dinner of the Mont Pelerin Society meeting last Thursday, Arun Shourie, a respected former Indian minister, said that one of the challenges we now face is the “trivialisation of discourse”. If we were to focus just on Tan Sri Isa and Felda, then we are certainly trivialising the discourse.

What we should do is to go back to the bigger debate about whether or not government should be involved so actively in the business world, the way our government has been for decades.

My hope is that the economic liberalisation that Dato’ Sri Najib is gallantly spearheading will create an environment as envisaged by Almarhum Tunku, our Bapa Malaysia, when he said “the government must not indulge in business”. If we were to follow his visionary advice, then debating Felda and Tan Sri Isa becomes trivial.

Pakatan Rakyat leaders and supporters should not pretend to be innocent either. Just look at the GLCs in Pakatan Rakyat states. They are full with political appointees too. Remember the case of Nik Aziz’s son-in-law? Has anyone checked the list of directors in state-owned companies in Pakatan Rakyat states?.

Unless Pakatan Rakyat comes up with an economic mode that is more free from government involvement, they should be ashamed to cast stones at others. Don’t be too quick to jeer at Barisan Nasional when the reality is, their own houses are stinking too.

In any case, we are in the process of putting up the video of that panel discussion on our website. Hopefully once we have done that, readers can see what exactly what was said by whom so that there is no misunderstanding.

—
Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs (www.IDEAS.org.my)

http://www.ideas.org.my/comments/glc-appointments-dont-trivialise-the-discourse/

Ministers may face conflict of interest, says Tunku Abdul Aziz

To keep graft in check, politicians should not be appointed to run government-linked companies, said Malaysian Anti-Corruption Commission ad­visory board chairman Tunku Abdul Aziz Tunku Ibrahim.

Friday, 3 February 2017

He said politicians holding GLC positions may face conflict of interest leading to abuse of power and responsibility.

“Many appointments are made for political reasons. If you are appointed to a position power, there are decisions you have to make on a daily basis, weekly, monthly and whatever.

“And in making these decisions, there will be some demands made on you because of your connections, your relatives, your friends and also your cronies,” he said in an interview.

Tunku Abdul Aziz said this trend of abusing power because of conflict of interest has been happening for a long time, and can be stopped if the appointment for a top post in a GLC was conducted with “proper selection and screening”.

Tunku Abdul Aziz said the selection process must include going through the candidate’s background and track record.

He said there were always people out there who wanted special treatment to have the advantage over their competitors.

“They don’t care how it is done. This is where corruption starts,” he said.

He said that proper recruitment procedures and techniques could help achieve transparency and accountability, which were essential for top management.

Tunku Abdul Aziz believes that corruption is now taking place at the operating level.

“Ministers can’t sign or award contracts. But directors in some departments can do it. This is where abuse of power takes place.

“If you have no power, you cannot abuse it. Civil servants have a lot more power than their political masters and ministers,” he said. — Bernama

http://www.thestar.com.my/news/nation/2017/02/03/dont-appoint-politicians-to-glc-positions-ministers-may-face-conflict-of-interest-says-tunku-abdul-a/

PM warns civil servants against wastage, graft

Najib reminded civil servants that they should not deny the 'people's rights'. — Reuters picPUTRAJAYA, Jan 9 — The Malaysian Anti-Corruption Commission’s (MACC) recent arrests are a reminder to civil servants that they should not deny Malaysians the "people's rights", Prime Minister Datuk Seri Najib Razak said today.

MACC last week arrested the secretary-general of the Rural and Regional Development Ministry, Datuk Mohd Arif Ab Rahman, and his two sons in a corruption investigation.

"There are reminders about wastage. The actions taken by MACC recently are a reminder not to take what is the people's rights," he told civil servants from the Prime Minister's Department in the department's monthly assembly here today.

"This belongs to the people. Everything we do is for the people. The projects are for the people. The value adding is for the people," he added.

The prime minister also urged civil servants to treat 2017 as a year of "delivery".

"When we say delivery, we are looking at the value of what we deliver," he said.

"Follow scheduled completion targets. If there are any problems, please resolve them," he added.

Najib then said bureacracy should not hinder the delivery of services to the public.

http://www.themalaymailonline.com/malaysia/article/dont-take-what-belongs-to-the-people-najib-tells-civil-servants

MACC: Having one too many Hermes, Chanel or Louis Vuitton bags will raise eyebrows

According to a report, MACC deputy chief commissioner for operations Datuk Azam Baki confirmed that his men monitored postings by civil servants who depicted a lavish lifestyle. — Reuters pic

KUALA LUMPUR, Jan 6 — The Malaysian Anti-Corruption Commission (MACC) is now monitoring photographs of civil servants and their families posted on Facebook and Instagram to ensure their lifestyles match their earnings.

According to a report by The Star newspaper, posts of foreign holidays and those of expensive, luxury items will lead to further scrutiny to determine if the posters were involved in corrupt practices.

The MACC source declined to comment, however, when asked if such monitoring has led to any prosecutions.

“We do look into it. We can consider them as initial information to carry out further checks. If it warrants an investigation, then we will probe.

“We cannot check all postings, but mostly the public does send them to us and it is taken as a first information,” the person was quoted as saying.

In the news report, MACC deputy chief commissioner for operations Datuk Azam Baki also confirmed that his men monitored postings by civil servants who depicted a lavish lifestyle.

“We also rely on our public tip offs and our own intelligence gathering to investigate such cases,” he was quoted as saying.

Saying there was nothing inherently wrong with civil servants owning luxury items, Azam noted, however, that suspicions may be aroused when an individual appeared to own an excess.

“Having one too many Hermes, Chanel or Louis Vuitton bags will raise eyebrows and suspicion as to the source of their wealth.

“If civil servants or their family members are having more than a dozen and flaunt them around, then we would like to know where they got the money to buy those bags,” he was quoted as saying.

On Wednesday, the MACC detained a 59-year-old secretary-general of a ministry after seizing cash and gold bars valued at about RM3 million from the civil servant’s home in USJ, Subang Jaya.

Yesterday, the MACC again seized more cash and gold bars from the “Datuk”, bringing the total amount seized to more than RM5 million.

According to national newswire Bernama, a MACC source was reported as saying that the latest seizure was made after its investigation team opened several gold deposit boxes at a bank and confiscated 8kg of gold bars estimated at RM1.6 million.

In addition, the source said MACC also seized the Toyota Estima belonging to one of the suspect’s son at his house in USJ, Subang Jaya, today.

The source said the suspects were also believed to own more than 10 plots of land around the Klang Valley under the names of family members, but the MACC team was still seeking to confirm this and evaluating the value of the land.

Similar to this case, the MACC last October seized RM3.64 million in cash and RM500,000 worth of designer handbags from two senior Sabah Water Department officials.

http://www.themalaymailonline.com/malaysia/article/macc-having-one-too-many-hermes-chanel-or-louis-vuitton-bags-will-raise-eye