The MACC-Azam Baki issue was highlighted in October 2021 - so, the question was what was the Parliamentary Select Committees and other Parliament Committees doing? Should it not have come alive met and did the needed inquiry before this...Were they sleeping on their job?
Some suggestions have been to put the MACC under the purview of Parliament - Well, did not Pakatan Harapan already do this - after all, the media report suggested it was a done deal...In any event, MACC has always been under the purview of Parliament, has it not? See later - I will elaborate.
PH Plus 'all talk no action' on MACC under Parliament? An overhaul of then practice would have seen MACC under Parliament, and no more under PM's Department. Vide letter dated 26/6/2018, which Star sighted, the Chief Secretary to the Government Tan Sri Dr Ali
Hamsa already approved? So, MACC should have gone more under Parliament but then what happened???
A total of nine government agencies will operate as independent entities beginning Sunday (July1), and will report directly to Parliament. Among the agencies are the Malaysian Anti-Corruption Commission (MACC), the Election Commission (EC), the Human Rights Commission of Malaysia (Suhakam), the Public Prosecutor's Office and the National Audit Department. - Star, 1/7/2018.
Then, in mid August 2018, it seems that this has not yet happened - WHY? And that the government were just taking steps...
The government has announced steps to empower Parliament and limit the power of the prime minister (PM) over two key agencies crucial in fighting corruption, namely the National Audit Department (NAD) and the Malaysian Anti-Corruption Commission (MACC). Prime Minister Tun Dr Mahathir Mohamad said the plan is to set up bipartisan parliamentary select committees to ensure the autonomy of the agencies.- Edge Markets, 14/8/2018
So, did or did not the then PH Plus government put the MACC more under Parliament, or did it always remain under the Prime Minister? No news report that Muhyiddin or Ismail Sabri changed things like moving the MACC back to being under the Prime Minister...
Putting the MACC under Parliament and not under the Prime Minister(or Executive) is ODD & it may disrupt the existing system of check and balance...
The system of separation of powers divides the tasks of the state into three branches: legislative, executive and judicial. These tasks are assigned to different institutions in such a way that each of them can check the others. As a result, no one institution can become so powerful in a democracy as to destroy this system.
In any event, the entire EXECUTIVE, including the MACC, is always under the 'purview' of Parliament who is duty bound to act as a 'check and balance' to ensure no 'hanky panky' ...Parliament in fact has even several Parliamentary Committees, and even Special Select Committees who can act at any time...not just when Parliament is sitting.
MACC...nay all Ministries and government agencies, departments have always 'under the purview of Parliament' - and, in fact, there are even Parliamentary Committees, and today even Parliamentary Select Committees that covers almost every area...Ministry and Departments...On the Covid-19 pandemic, we have the Special Select Committee on Health, Science and Innovation who should have been on top of matters related...As MACC comes under the jurisdiction of Special Select Committee on Agencies under the Prime Minister’s Department should have acted sooner, when the issue was first highlighted in October 2021...Are these 'Special Select Committees' mere showpieces OR do they do their job?
- Special Select Committee on Fundamental Liberty and Constitutional Rights
- Special Select Committee on Finance and Economy
- Special Select Committee on Security
- Special Select Committee on Agencies under the Prime Minister’s Department
- Special Select Committee on Agriculture and Domestic Trade
- Special Select Committee on Infrastructure Development
- Special Select Committee on Education
- Special Select Committee on Women and Children Affairs and Social Development
- Special Select Committee on Health, Science and Innovation
- Special Select Committee on International Affairs
If you visit the Malaysian Parliament website, and click on the links of these committees, all you get is the names of the committee members, and that is all. There is no report of meetings held, subject matters discussed, decisions/recommendations made, actions taken...
Even now, that Special Select Committee on Agencies under the Prime Minister’s Department seems to be going to narrowly considering guilt of Azam Baki - when the issue is much broader including the functioning of the 5 check and balance Malaysian Anti-Corruption 'problems', 5 check and blance mechanisms, silence of the Parliamentarians' Special Committee on Corruption?When a Chairman can refuse to call for a meeting of the Panel on the request of a member of the Panel - there is a problem? When the Chairman of the Advisory Boards misrepresents the views of the Board - yes we saw all the remaining members of the Board come out and distance themselves from the views of the Chairman - that is another problem?
YES, one may be elected as an MP - but the question is whether one has the capacity or competence or 'intelligence' to act alone and independently as a Chair or member of these Parliamentary Special Committee. How many of these MPs even consult lawyers and others who can educate them on the law and other matters so that they can carry out their function as MP more efficiently? An MP in that Special Select Committee going to investigate MACC - Are they even well-versed on the role, function and workings of the MACC, and even its 'check and balance' bodies? Are they familiar with the misconduct provisions of public officers? Are they familiar with what is the law on share trading? Are they even preparing themselves now - or are they simply going to meet Azam Baki and ask him questions not knowing 'totally' the subject matter? If it was LIVE, all Malaysians will see this 'incompetence' or inability - is that why they want to keep it 'closed door'? Open to the public is important to make sure that the MPs therein prepare themselves beforehand...
In the Malaysian Parliament, sadly most MPs are ' denied or restricted' their freedom of expression, speech, opinion and even vote >>> they are expected to 'FOLLOW' what the Party Whip(or their political leaders say)...
Ask a MP his/her opinion on a particular issue - and you will find them avoiding giving a clear answer...or simply repeating the answer their party leader gave before - many simply seems to have 'no mind of their own'...so. when functioning on these Select Committees...would problem arises?
The Parliamentary Committees, and also the Special Select Committees need to be TRANSPARENT - they must report to the people what they are doing, and their views/recommendations... Inquiries conducted must be OPEN to the public or at least broadcasted live which is important to demonstrate that they are doing their job without fear or favour... MINUTES of these committees (like the Hansard) need to be made available - if there are 'sensitive stuff' - then, at least matter discussed, decisions reached... attendance list also important
Abdul Latiff bin Abdul Rahman is the Chairman of Special Select Committee on Agencies under the Prime Minister’s Department - do an online search to see whether he was reported saying anything? Is he capable of chairing a Select Committee? Hopefully, when this Committee meets, it will be broadcasted LIVE... There is really not much we know about him online - Media should maybe introduce the members of this now most significant 'Select Committee'
Parliament also can do other things ...
MACC Act - it was Parliament that passed it. One major problem is WHO SELECTS THE CHIEF AND THE REST OF THE COMMISSIONERS OF MACC? Why did not Parliament insist that the selection be done by Parliament? Or maybe an additional procedure of naming the proposed Commissioners, allowing public time to comment/object/etc, this would most probably brought out the share trading/ownership issues of Azam Baki... Should we look at the Hansard to see whether any MP raised the issue of independent/transparent process of selection of MACC Commissioners? How does MACC act - can the Chief act independently, or not. Remember, even our Malaysian Executive Power is with the Cabinet - not the Prime Minister alone...
Yes, in the MACC Act there is a Special Commitee made up 100% of parliamentarians, which is rather powerful - and we will look at that Committee, now led by Rais Yatim later...Why was it 'slow' to act? Has it even submitted the annual report?...patient, we will look at that Committee later -
Terms of Reference of the Special Committee on Corruption
- To advise the Prime Minister on any aspect of the problem of corruption in Malaysia;
- To examine the annual report of the Commission;
- To examine the comments of the Anti-Corruption Advisory Board as to the exercise by the Commission of its functions under this Act; and
- To seek clarifications and explanations on the annual report of the Commission and the comments of the Anti-Corruption Advisory Board.
Did the SC just say OK for others to 'secretly' buy shares under the name of others when they suggested 'innocence' of Azam Baki?
Parliament Select Committee on MACC (19th Jan) - Broadcast LIVE, and investigate comprehensively not just Azam Baki but also Borhan, Abu Zahar and Terence Gomez?
PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993PU(A) 395/1993 - Where is report of actions, offenders and punishment?
Hiding identity using others' share trading account, bank account? The Azam Baki case raises concerns
Malaysian Anti-Corruption 'problems', 5 check and blance mechanisms, silence of the Parliamentarians' Special Committee on Corruption?
Azam Baki (innocent until proven guilty) but suitability to remain MACC chief??? Terence (MACC Panel member) 'quits'
Massive overhaul in PM's Dept with MACC, EC among agencies placed under Parliament
Sunday, 01 Jul 2018
Among the agencies are the Malaysian Anti-Corruption Commission (MACC), the Election Commission (EC), the Human Rights Commission of Malaysia (Suhakam), the Public Prosecutor's Office and the National Audit Department.
This is just part of the massive overhaul of the Prime Minister's Department.
The Public Service Commission, Education Service Commission and the Judicial Appointments Commission will also report directly to Parliament, which will be an independent entity.
It also includes the merging of five agencies and the redesignation of 40 agencies.
The country's special envoy on Infrastructure to India and South Asia Tun S. Samy Vellu will have his services terminated after his contract expires at the end of the year.
The special envoy post is with ministerial rank.
The office, including that of the Special Envoy to China, will also be abolished. Tan Sri Ong Ka Ting had relinquished his post as the special envoy in January.
Tan Sri Dr Rais Yatim, who was the Socio-Cultural Advisor to the Government, also had his services ended on Saturday (June 30), along with the expiry of his contract.
As expected, the Land Public Transport Commission (SPAD) has been abolished and its functions absorbed by the Transport Ministry.
Others abolished included the National Professors Council, the National Innovation Agency, the Special Implementation Task Force, Civil Service Delivery Unit (CSDU) and the 2050 National Transformation (TN50) secretariat.
Meanwhile, the Attorney General's Chambers is still under the Prime Minister's Department but its prosecuting functions have been placed under the Public Prosecutor's Office.
The Legal Aid Department and Insolvency Department will also be merged with the Law and Judiciary Ministry.- Star, 1/7/2018
Audit Department, MACC off limits to prime minister
KUALA LUMPUR: The government has announced steps to empower Parliament and limit the power of the prime minister (PM) over two key agencies crucial in fighting corruption, namely the National Audit Department (NAD) and the Malaysian Anti-Corruption Commission (MACC).
Prime Minister Tun Dr Mahathir Mohamad said the plan is to set up bipartisan parliamentary select committees to ensure the autonomy of the agencies.
He said the most important action for the government to take in combating corruption is to remove from the PM’s position what he described as “overall authority” over the two key agencies.
Creating developments that will stand the test of time requires more than just sound engineering; it calls for a careful consideration of what’s to be built and the sustainability elements needed to ensure that it is future-proof.
“This means that the prime minister and the government will not have the power to [appoint,] dismiss or demote the positions [in these bodies],” he said. “Furthermore, even the budget allocation for these bodies will be determined not by the government but by the select committee.”
Speaking to the press after the third meeting of the Cabinet Select Committee on Anti-Corruption (JKKMAR) yesterday, Dr Mahathir did not specify any timeline for the plan, saying only that it will be done as soon as possible.
Currently, the NAD and MACC are parked under the Prime Minister’s Department, which means the PM has the prerogative to appoint the agencies’ chiefs.
The changes are part of a greater reform under the purview of JKKMAR, which is tasked to streamline anti-corruption measures involving the government and related entities.
“We need time to see the outcome from [taking] these actions. We hope these steps will help reduce corruption,” said Dr Mahathir.
For the MACC, a press statement by JKKMAR underlined that the competency of its chief commissioner will also be assessed by “external stakeholders”. The statement, however, did not provide details.
In the statement, JKKMAR also proposed that the NAD, which will be given full autonomy through the audit select committee under Parliament, be named as the Office of the Auditor-General of Malaysia.
However, Dr Mahathir pointed to potential hiccups if the government plans to implement changes promised by the Pakatan Harapan goverment in its electoral manifesto that would require the Federal Constitution to be amended.
“This will require some time to study the wordings of the law … not all these reforms will be done immediately.
“One that is impossible for us to do is things that would require amendments of the constitution because we do not have two-thirds (majority in) Parliament,” he said
“If we have the declaration from the opposition parties that they will support [our proposals], only then will we introduce the amendments that [require] Parliament’s approval,” he added.
This includes the promise to set up a two-term limit for a prime minister.
As such, Dr Mahathir said he will seek the support of opposition MPs in these matters. “Immediately after this, I will talk to the opposition,” he said.
New body to manage seized assets
Meanwhile, a plan to set up a central body to manage assets confiscated at the national level, dubbed “Central Asset Management Corp” is also in the works.
JKKMAR, in its statement, said it will establish laws which will underline the authority of the unit which will have authority over seized assets at the national level.
The announcement comes as Malaysia seeks to retrieve assets allegedly acquired through government-linked 1Malaysia Development Bhd (IMDB), the latest including a private jet belonging to 1MDB mastermind Low Taek Jho or better known as Jho Low.
Dr Mahathir confirmed at the press conference that the jet will be “brought in as soon as we can [bring it to] flight” from Singapore, whose government has confiscated the jet — a Bombardier Global 5000 — since January last year.
“It’s been lying on the ground for a long time, and planes which do not fly often need to be serviced and checked. So we will have the checks done, when it can fly we will bring it here,” he said.
Low used funds traceable to the US$700 million (RM2.86 billion) that was transferred from 1MDB to Good Star Ltd’s account to acquire the jet for US$35.37 million, according to court documents filed with the Kuala Lumpur High Court on Aug 6 sighted by The Edge Financial Daily.
Wynton Aviation (Global 5000) Ltd, a company that was incorporated in the British Virgin Islands on Dec 30, 2009 on Dec 2009, bought the private jet from JT Aviation Corp. The purchase was done one day after Wynton was incorporated, if not the same day. Low was the owner and controlling party of Wynton, according to the court document.
The jet purchase happened less than three months after the US$700 million wire transfer was executed from 1MDB to Good Star in October 2009.
When the US$700 million was transferred into Good Star’s bank account from 1MDB, Deutshce Bank’s officer in Malaysia was told that Good Star was a wholly-owned subsidiary of PetroSaudi International — a joint-venture partner of 1MDB to exploit energy concession in Turkmenistan and Argentina.
However, the court document cited the banking records show that Good Star was a company controlled by Low and he was the beneficial owner of Good Star’s account and the sole signatory. It was not a unit of PetroSaudi International.
The transfer of the jet would mark the second big-ticket item, allegedly owned by Low, to be seized by the Malaysian authorities in recent months through the assistance of neighbouring nations.
Last week, the US$250 million superyacht Equanimity — also said to belong to Low — docked at Malaysian shores after it was passed by authorities in Indonesia.
Low, as well as the direct owner of the yacht, Equanimity (Cayman)
Ltd have both questioned the legality of the seizure by Malaysian
authorities, while troubled state fund 1MDB has also claimed ownership
of the yacht. - Edge Markets, 14/8/2018
Place MACC under Parliament for better accountability, says Aliran
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PETALING JAYA: A reform movement and an academic have called for the Malaysian Anti-Corruption Commission (MACC) to be parked under Parliament for better accountability.
This comes in the wake of the controversy over alleged share ownership by MACC chief commissioner Azam Baki and the resignation of an academic from an MACC oversight panel.
In a petition launched yesterday, Persatuan Aliran Kesedaran Negara (Aliran) called for the anti-graft agency to be moved from the Prime Minister’s Department to Parliament, where it could be supervised by a bipartisan parliamentary select committee (PSC).
The petition was initiated following the resignation of economist Edmund Terence Gomez from the agency’s Consultation and Corruption Prevention Panel (CCPP) on Dec 27 over the panel’s alleged refusal to entertain his request to have a meeting to discuss news reports that implicated Azam in alleged stock ownership.
Speaking to FMT, Aliran president Anil Netto said that the proposed move is necessary for the agency to operate independently.
“It is important that MACC is seen as an independent agency. Parking it under a bipartisan select committee would make it answerable to the parliamentarians who are part of it.
“Plus, the agency’s leadership can be asked to appear before the PSC and explain its actions and inactions in battling corruption as well as any controversies facing the agency.”
He also added that such a move will allow MPs to voice their unhappiness on selective investigations carried out by the agency.
Responding to the petition’s call for the agency’s leadership to be investigated, Anil said this was necessary to protect the good name of the agency.
The petition also called for an immediate response from the agency’s leadership on the allegations facing them; and for an open and independent investigation, led by a bipartisan parliamentary committee, to commence immediately.
Meanwhile, political analyst Azmi Hassan told FMT that Aliran’s proposal was not new since it had been made by several parties before.
“The allegations facing Azam on alleged shares ownership, as well as politically motivated prosecutions and non-prosecutions by the agency, can be used as the impetus for Aliran’s call to be pushed forward.”
Speaking further on Aliran’s proposal, he said this would allow Parliament to be in charge of matters related to the promotions and changes in the positions of the agency’s personnel since they are not under the Public Service Department (JPA).
“Putting MACC under the PSC will also help the agency to conduct its investigations into any public officials without fear or favour,” said Azmi.
DAP stalwart Lim Kit Siang said Prime Minister Ismail Sabri Yaakob’s action on this crucial issue will decide if 2022 will be known as a year that rejected corruption.
“Will the prime minister continue to avoid this issue by his silence? Or will he get the Parliamentary special select committee on agencies under his jurisdiction to summon Azam Baki to explain the serious allegations made against him two months ago?” he asked in a statement today.
The Iskandar Puteri MP said if he continues to ignore this key issue, Malaysia is headed towards the lowest ranking in the Transparency International’s (TI) Corruption Perception Index (CPI) 2021 expected to be announced at the end of this month - FMT, 1/1/2022
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