Quantcast
Channel: JUST READ!
Viewing all articles
Browse latest Browse all 1911

Autonomous MACC but will Bar Council detach from politics?

$
0
0
I am all for an independent MACC (Malaysia Anti-Corruption Commission). They can perform better without having to worry about 'political hands'.

And for the first time, I agree with Bar Council president Christopher Leong that as long as the MACC bosses and staffs are being paid by the government, they still will have to 'listen' to the voice upstairs.

But who will pay the MACC if its an independent body? The Bar Council? I was told their salary is 'above average' as compared to government servants of similar categories, and the Constitution needs amendment to let the MACC operates on its own.

Personally, I would like to ask Leong a simple question: Since he supports an independent MACC, what about the Bar Council...can it be free from politics?
The Cabinet has agreed in principle to amend the Federal Constitution to allow the Malaysian Anti-Corruption Commission (MACC) to hire and fire its own staff and commissioners, a step which could bolster the body’s fight against graft, a forum heard last night.
Bar Council president Christopher Leong said the agreement was conveyed to the council by Minister Datuk Paul Low in a December meeting last year to discuss proposals that could increase the body’s independence and effectiveness.
The proposals were crafted by the Bar Council together with the MACC.
Input was also given by other groups such as the Institute for Democracy and Economic Affairs, Centre to Combat Corruption and Cronyism and Transparency International Malaysia.
However, MACC has not shown the Bar Council the final draft of the proposed amendments to be tabled in Parliament.
The proposals, however, do not include giving MACC the power to prosecute its own cases, an oft-repeated demand by legislators and some civil society groups.

Instead, the Bar Council said the power to take cases to court should be carried out by a new public prosecutor’s office.

“Paul Low has said that the Cabinet agrees, in principle, to the proposal to amend the constitution,” Leong said at a Bar Council talk in Kuala Lumpur last night.
It is learnt that Putrajaya wants to table the amendments this year, but not in the upcoming March meeting.
Leong said the proposals would see the creation of an Anti-Corruption Service Commission (ACSC) under the constitution such as the Armed Services Commission and the Judicial Appointments Commission.
Under the plan, ACSC would act as an oversight body to decide on policy and direction for MACC, which in turn would be responsible for field work and investigations.
ACSC would essentially take over the five bodies currently supervising MACC. Its actions would also be scrutinised by Parliament.
ACSC would not be dependent on the Public Services Department (PSD) to hire MACC commissioners and officers as was the case now, which limited its ability to be independent, said Bar Council vice-president Steven Thiru, who was also at the talk.

“Presently, MACC officers can still be hauled up by the PSD for disciplinary action,” Thiru said, adding that this affected their ability to investigate other civil servants.

With ACSC, the MACC’s chief commission would have security of tenure that is protected by the constitution and outside the influence of the prime minister or Cabinet.

The MACC chief commissioner would then be chosen by members of ACSC before being officially appointed by the prime minister. Currently, the MACC’s chief commissioner was still a civil servant under PSD, Leong said. With ACSC, the chief commissioner need not be a civil servant.

“With the ACSC, he won’t be influenced by threats of disciplinary action or transfers for refusing to undertake a task or for undertaking a task.”

The proposal also calls for 40% of ACSC staff and officers to be from civil society and the remaining 60 per cent from the public sector, said Thiru. For ACSC to become a reality, the Dewan Rakyat would have to amend the Federal Constitution and laws such as the MACC Act 2009.

Thiru also outlined other proposals MACC felt were necessary. This includes making misconduct in public office, such as negligence and misuse of public funds by civil servants, a criminal offence.

Such a law would make government servants involved in leakage, such as those highlighted by yearly the auditor-general reports, liable to be hauled to court.

“MACC would also like the power to investigate public servants who have excessive wealth or who live beyond their means. Currently, they can only carry out probes if the civil servant has a prior offence.

“By amending the MACC Act, they can investigate public servants based on suspicion,” Thiru said.

Viewing all articles
Browse latest Browse all 1911

Trending Articles