MACC and its FIVE(5) check and balance mechanisms - this includes the Special Committee on Corruption, made up Parliamentarians chaired by Rais Yatim and includes Opposition MPs Hassan Karim and Wong Hon Wai - Why have we not heard from them yet? Is this Committee of Parliamentarians still asleep?
It all started with Terence Gomez, a member of the Consultation and Corruption Prevention Panel (CCPP) wanting the Chairman of the CCPP to call for a meeting of the CCPP to discuss and decide on a certain issue - BUT, the said Chairman(Borhan Dolah), on his own, apparently decided not to call for a meeting - hence leading to Terence's resignation and the disclosure for his resignation.
If the CCPP had met, then most likely the CCPP would have acted on the issues raised by Terence - maybe even informing the Prime Minister about the matter, or advising the MACC, MACC Advisory Board, MACC Complaints Committee ...
First problem - the 'bad' Chairman that must realize that it is the Panel/Board that decides - and not the Chairman alone. A similar problem recently arose with the MACC Advisory Board, when 6 MACC Board members disagreeing the statement of the Chairman(Total in the Board is 6 + Chairman) “We categorically wish to state that the board members at that meeting or at any time thereafter did not express such opinion as Abu Zahar attributed to,” ...Thus problems with 2 Chairmans. Should we change the Chairmans - to someone who understand the democratic nature of Boards/Panels/etc - Chairmans just call for meetings, chair it - and all decisions are never the decision of the Chairman alone - but the decision of the entire Board/Panel..
Second problem - Azam Baki - he is the Chief of MACC, and in light of these serious allegations, it be best that Prime Minister immediately suspends Azam Baki pending investigation/inquiry - and in the mean time, his duties can be carried out by the now 2nd in command...
Third issue - What is the Prime Minister going to do about Terence Gomez - accept the resignation or NOT?
Fourth issue - five external oversight bodies are formed as a check and balance mechanism to monitor MACC’s roles and functions - is it too much? Is there a need to review them - or at least the selection process of Chairman and the members of these Board/Panel/etc - should we have an independent process of selection? Should the public participate in the selection process - then maybe, elements of unsuitability for appointment will come out ....Clearly, the existing process involving the Chief Secretary, Prime Minister is seen to be wanting...
Former prime minister Muhyiddin Yassin has denied he made the choice
of Azam Baki to head the Malaysian Anti-Corruption Commission.He said it was the Chief Secretary to the government (Mohd Zuki Ali)
who had proposed Azam to the post. “I didn’t pick (Azam), it was the
Chief Secretary to the government who thought he was qualified,” Astro
Awani quoted him as saying.
Former prime minister Muhyiddin Yassin has denied he made the choice of Azam Baki to head the Malaysian Anti-Corruption Commission.He said it was the Chief Secretary to the government (Mohd Zuki Ali) who had proposed Azam to the post. “I didn’t pick (Azam), it was the Chief Secretary to the government who thought he was qualified,” Astro Awani quoted him as saying.
Check & Balance Mechanisme - MACC
In accordance with the establishment of MACC, five external oversight bodies are formed as a check and balance mechanism to monitor MACC’s roles and functions.
The formation of the Anti-Corruption Advisory Board (ACAB), the Special Committee on Corruption (SCC) and Complaints Committee (CC) is made through the provision of the law while the Operations Review Panel (ORP) as well as the Consultation and Corruption Prevention Panel (CCPP) are established through administrative order.
These five entities are responsible for ensuring that MACC performs its duties in an independent, transparent and professional manner. The mechanism assists in fulfilling the public’s expectations towards the Commission’s independence, efficiency, effectiveness, transparency and accountability in executing its designated legal obligations. The check and balance mechanism will contribute towards creating a positive perception towards MACC and the Government, in addition to facilitating the efforts in gaining public support and cooperation in combating corruption, abuse of power and malpractice.
Members of these independent bodies represent the general public and comprise of senior ex-government officials, politicians (government and opposition), professionals from the business and corporate sector, academicians, lawyers and well-respected individuals.
Special Committee on Corruption
The Committee is set up by the provision of law under section 14 of the Malaysian Anti-Corruption Act 2009 (Act 694). The members of the SCC are appointed by the Yang di-Pertuan Agong, who shall be drawn from both the members of the Senate and the House of Representatives. The said section had also stated that none of whom shall be a member of the administration.
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.
Members of the Special Committee on Corruption
The MACC is pleased to inform that Seri Paduka Baginda Yang Di-Pertuan Agong XVI Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah Ibni Almarhum Sultan Haji Ahmad Shah Al-Musta'in Billah has consented to the appointment of members of the Special Committee on Corruption (SCC) for a three-year period effective 15 July 2021 to 14 July 2024.
Members of the Special Committee on Corruption selected for this session are:
-
- YB Senator Tan Sri Dato’ Seri Utama Dr. Rais Yatim- Yang di-Pertua of Dewan Negara (Chairman);
- YB Senator Tuan Ir. Md Nasir Hashim - Member of Dewan Negara;
- YB Senator Dato' Zaiedi bin Haji Suhaili - Member of Dewan Negara;
- YB Tuan Hassan bin Abdul Karim - Member of Parliament for Pasir Gudang; and
- YB Tuan Wong Hon Wai - Member of Parliament for Bukit Bendera.
Secretariat to the Special Committee on Corruption
Level 20, Block C, MACC Headquarters,
No. 2, Lebuh Wawasan, Presint 7,
62250 Putrajaya.
E-mel: sekretariat.jkmr@sprm.gov.my
Tel: +603-8870 00714/Supt. Norazilatulakmar binti Said
Anti-Corruption Advisory Board (ACAB)
The Anti-Corruption Advisory Board (ACAB) is set up by the provision of law under section 13 of the Malaysian Anti-Corruption Commission Act 2009 (Act 694).
The members of ACAB are appointed by the Yang di-Pertuan Agong among individuals whom have rendered distinguished public service or have achieved distinction in their professions.
The Chief Commissioner of MACC shall be appointed as an ex-officio member of ACAB as provisioned under section 13(2) (b) of the said Act.
Terms Of Reference Anti-Corruption Advisory Board (ACAB) :-
- To advise the Commission on any aspect of the corruption problem in Malaysia;
- To advise the Commission on policies and strategies of the Commission in its efforts to eradicate corruption;
- To receive, scrutinize and endorse proposals from the Commission towards the efficient and effective running of the Commission;
- To scrutinize and endorse resource needs of the Commission to ensure its effectiveness;
- To scrutinize the annual report of the Commission before its submission to the Special Committee on Corruption; and
- To submit its comments to the Special Committee on Corruption as to the exercise by the Commission of its functions under this Act.
Members of the Anti-Corruption Advisory Board (ACAB)
- YBhg. Tan Sri Abu Zahar Ujang (Chairman)
- YBhg. Tan Sri Ismail Omar
- YBhg. Datuk Seri Azman Ujang
- YBhg. Datuk Seri Akhbar Satar
- YBhg. Datuk Dr. Hamzah Kassim
- YBhg. Datuk David Chua Kok Tee
- YBhg. Professor Dato' Dr. Mohammad Agus Yusoff
Sekretariat Lembaga Penasihat Pencegahan Rasuah
Aras 20, Blok C, Ibu Pejabat SPRM,
No. 2, Lebuh Wawasan, Presint 7,
62250 Putrajaya.
E-mel:sect_lppr@sprm.gov.my
Tel: 03-8870 0122 / PPj Nor Azlizawati binti Mat Lazim
Complaints Committee
This committee was formed by law through section 15 of the Malaysian Anti-Corruption Commission Act 2009 (Act 694) and their appointment is made by a Minister.
Terms of Reference for Complaints Committee :
- To examine complaints and action or outcome of investigation on complaints as well as give opinions on the results of investigation;
- To examine the types of offences committed by MACC Officers and to suggest measures to enhance the efficiency and capability of officers in carrying out their duties (through trainings and other methods);
- To receive and acknowledge disciplinary results and suggest preventive measures; and
- To review work procedures and recommend improvements on work procedures and logistic needs.
Membership of the Complaints Committee for 3rd October 2018 – 3rd October 2021 session is as follows:
- YBhg. Dato' Ahmad bin Said (Chairman)
- YBhg. Datuk Muhammad Hatta bin Ab. Aziz
- Ms. Hjh. Rohani binti Kadir
- YBhg. Dato' Dr. Tam Weng Wah
- YBhg. Dato' (Dr) Asariah binti Mior Shaharuddin
Secretariat to the Complaints Committee
Level 13, Block A, MACC Headquarters,
No. 2, Lebuh Wawasan,
Precint 7,
62250 Putrajaya.
Email: sekretariat.ja@sprm.gov.my
Tel: +603-8891 1784 / Supt. Norsimah binti Abdul Ghani
Consultation And Corruption Prevention Panel (CCPP)
The Consultation and Corruption Prevention Panel is appointed administratively by the Prime Minister among individuals who represent various civil societies and organizations such as academician, business community, religious figure, media expert and social activist that can assist the MACC towards its objective of inculcating hatred against corruption among the society at large.
Terms Of Reference Consultation and Corruption Prevention Panel (CCPP):-
- To advise the Commission, in enhancing the effectiveness of inspection and consulting activities upon the practices, systems and work procedures of both the public and private sectors which may be conducive to the occurrence of corruption;
- To advise the Commission, in enhancing the effectiveness of public education activities towards increasing the awareness on corruption and support on anti-corruption efforts;
- To advise the Commission, in enhancing the effectiveness of anti-corruption activities through the mechanism of strengthening integrity in both the public and private sector;
- To advise the Commission on some of the best practices in the fields related to the implementation of consultation and anti-corruption activities;
- To assist the Commission as the key communicator in garnering support from the public, the media and the sectors identified towards the prevention efforts by the Commission; and
- To submit its comments on the Commission’s undertaking of its function on consultation and anti-corruption under the MACC Act 2009 to the Anti-Corruption Advisory Board.
Members of the Secretariat to the Consultation And Corruption Prevention Panel (CCPP)
- YBhg. Tan Sri Borhan Dolah (Chairman)
- YBhg. Dato' Manja Ismail
- YBhg. Datuk Prof. Dr. Azizan Baharuddin
- YBrs. Prof. Dr. Edmund Terence Eric Boniface Gomez
- YBhg. Dato' Chamil Wariya
- YBhg. Datuk Freddie Fernandez
- YBrs. Saudara Jufitri Joha
- YBhg. Dato' Dr. Siti Norlasiah Ismail
- YBrs. Cik Norita Che Ali
- YBhg. Dato' Nadzim Johan
- YBhg. Datuk Md Yusof Md Aslam
- YBhg. Dato' Baljit Singh Sidhu
Secretariat to the Consultation And Corruption Prevention Panel (CCPP)
Operations Review Panel (ORP)
The Operations Review Panel (ORP) is appointed administratively by the Prime Minister among experts who represent relevant professions and whom can represent the quality of integrity and independence of the Commission. The ORP shall act as the check and balance mechanism for ongoing cases and on reasons regarding actions upon cases to be prosecuted or no charges are preferred. The ORP may also present its views to the MACC on cases if further clarifications are needed
Terms of Reference of the Operations Review Panel (ORP)
- To receive and seek clarification regarding statistics of Investigation Papers opened by the Commission;
- To receive and scrutinise reports from the Commission regarding Investigation Papers exceeding 12 months of investigation;
- To receive report from the Commission regarding all cases where suspects arrested are released on bail bond by the Commission exceeding six months;
- To receive reports on closure of Investigation Papers and to advise:
- on improving investigations due to weaknesses;
- on reviewing whether further investigation is required; and
- To scrutinise, examine and endorse proposals to enhance the Commission’s investigation operations to the Anti-Corruption Advisory Board.
Operations Review Panel (ORP)
Members of the Operations Review Panel (ORP) for the session April 1, 2020 - May 30, 2022 are as follows :
- YBhg. Dato' Ahmad Rosli Mohd Sham (Chairman)
- YBhg. Dato' Abdul Manap Dim
- YBhg. Dato' Mohd Faudzi Hj. Che Mat
- YBhg. Dato' Azimah Abdul Hamid
- YBrs. Dr. Hj. Mazlan Haji Ahmad
Secretariat to the Operations Review Panel
Level 17, Block C, MACC Headquarters
No. 2, Lebuh Wawasan, Presint 7,
62250 Putrajaya.
E-mail: allppo@sprm.gov.my
Tel: +603-8870 0229 / SASupt. Noor Zaini binti Zakaria
Fax: +603-8870 0909
Citing MACC Act, Azalina asks if Anti-Corruption Advisory Board consulted special committee before issuing statements
KUALA LUMPUR, Jan 9 — PM’s legal adviser Datuk Seri Azalina Othman Said today weighed in on the ongoing debacle around the allegations of proxy stock trading against Tan Sri Azam Baki, asking if the Anti-Corruption Advisory Board had first consulted Parliament’s Special Committee (SC) on Corruption before issuing any public statements.
Azalina, a former law minister and current Pengerang MP, had also asked the SC to state its views about the opinions expressed by the advisory body, whose chairman Tan Sri Abu Zahar Ujang held a press conference where he suggested that Azam Baki had done nothing wrong.
“Did the Advisory Body confer with the Special Committee prior to issuing any statement?” Azalina wrote on her official Facebook page.
“What is the SC’s stand on the Advisory’s opinions? Pasir Gudang MP Hassan Karim and Bukit Bendera MP Wong Hon Wai please comment,” she added.
Other members of the advisory body had previously issued a statement to distance themselves from Abu Zahar’s opinion, saying the latter had merely expressed his personal views and not the board’s.
Azalina’s question was likely a legal reference to certain provisions of the MACC Act, which states among others that the SC shall “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.”
Procedurally, the SC performs oversight of the MACC Advisory Body which falls on the Anti-Corruption Advisory Board under Section 13 of the Act.
Section 15 of the Act also provides for a Complaints Committee to be appointed to monitor the conduct of MACC’s officers.
Azalina had raised the two points in her posting about the affair, although she stopped short of explaining why.
But in a third question directed at Hassan and Wong, MP from PKR and the DAP, the deputy speaker had asked if the issue about Azam Baki’s share ownership had been raised upon his appointment as MACC chief commissioner in 2020 by the then prime minister Tan Sri Muhyiddin Yassin.
Azalina had also questioned if the matter was brought to the attention of the Complaints Committee before or during Azam Baki’s appointment.
“Tan Sri Azam Baki was appointed by Pagoh MP as the 8th prime minister. I assume that thorough due diligence was conducted by relevant authorities prior to his appointment. Was this issue highlighted then?” she asked.
Malay Mail had asked Azalina why the question was only directed to the two opposition MPs and not the three other senators. The senators are Dewan Negara Speaker Tan Sri Rais Yatim, chairman of the SC, Senator Muhd Nasir Hashim and Senator Datuk Zaiedi Suhaili.
“Just wondering,” the deputy speaker replied briefly.
Azam has been under public scrutiny in recent weeks over his acquisition of millions of shares in two public-listed companies back in 2015. He maintained that he had done nothing illegal, and that the stocks accumulated since then were bought by his brother.
At the same news conference, the Anti-Corruption Advisory Board chairman Tan Sri Abu Zahar Ujang Abu Zahar said an internal inquiry last November 24 cleared Azam of any wrongdoing, adding that all the shares had subsequently been transferred to Nasir in 2015.
The Securities Commission said last week that it would call the MACC chief commissioner in for questioning over alleged violation of stock trading laws. - Malay Mail, 9/1/2021
Six MACC advisory board members distance themselves from Abu Zahar's 'no conflict of interest' statement
PETALING JAYA: Six MACC advisory board members have distanced themselves from the statement made by the board’s chairman Tan Sri Abu Zahar Ujang.
In a statement on Saturday (Jan 8), the six comprising Tan Sri Ismail Omar, Datuk Seri Azman Ujang, Datuk Seri Akhbar Satar, Datuk Dr Hamzah Kassim, Datuk David Chua Kok Te and Prof Datuk Dr Mohammad Agus Yusoff, said that board members were not satisfied with the explanation provided by Malaysian Anti-Corruption Commission chief Tan Sri Azam Baki, despite Abu Zahar saying otherwise during a recent press conference.
“Abu Zahar said that the Board was satisfied with the explanation given by Azam. He further said there was no crime committed or conflict of interest in the matter.
“We categorically wish to state that the board members at that meeting or at any time thereafter did not express such opinion as Abu Zahar attributed to,” they said.
They added that the comments were Abu Zahar’s personal view and a separate discussion was held on the matter where several proposals were given.
Among the proposals were for the issue to be brought to an independent committee, Parliamentary Special Committee on Corruption or the MACC’s complaints panel.
“However, our views and proposals were not raised at Abu Zahar’s press conference. The ACAB has no investigation power as it is established as an advisory board.
“We need to provide this clarification in order to safeguard the integrity of the board and the institution,” they said.
In a press conference on Wednesday (Jan 5), Abu Zahar told reporters that there was no conflict of interest on Azam’s part as MACC chief over the issue of acquiring shares in two companies in 2015.
He said this was because the MACC chief commissioner did not purchase the shares himself as this was done by Nasir Baki, his younger brother.
Abu Zahar said the ACAB had called for a meeting on Nov 24 last year and had summoned Azam to explain the allegations.
He
said after a lengthy discussion, ACAB members were satisfied and were
of the opinion that Azam did not have any pecuniary interest in the said
shares. - Star, 8/1/2022
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