PUBLIC ASSET DECLARATION for MPs, Ministers, ADUNs, Senators and also SENIOR Law Enforcement Officers...First, UNDERSTAND the Reason for this > NO USE if just one asset declaration. The reason for this is TO DETER corruption and wrongful enrichment of self/family/friends whilst in POWER as a Minister/MP/ADUN/Senator - a MECHANISM for the PUBLIC(not MACC or PM) to MONITOR....
OBJECTIVE - To DETER corruption/abuse of power/WRONGFUL enrichment - so we need ONE when they come into power, and definitely ONE when they leave power/position - thus people can see if their INCREASE of wealth have NOT been by reason of corruption/abuse of power/WRONGFUL enrichment... If only ONE, it is USELESS. It must be a DECLARATION to the Public (not to just PM or MACC or...) > PUBLIC Monitors...
To date, the PUBLIC ASSET DECLARATION, by PAST governments where there was ONLY ONE is a JOKE. It fails to fulfill its OBJECTIVE - i.e public monitoring, which needs ONE(when they come into power/position), and TWO(when they go out of office/position) and people can see if there is any 'WRONGFUL ENRICHMENT' of not just self, but also family members too...
After Anwar Ibrahim became Prime Minister - there has been NONE? Earlier the reason given was that they were improving the FORMAT ...and till today, still NO PUBLIC ASSET DECLARATION - we now do not know how much Anwar, the Ministers, MPs, ADUNs, Senators HAD when they were elected/appointed > so how do we compare with what they have NOW? We know their salaries/allowances > so we can figure out whether there is so much MORE that cannot have been acquired by their LEGAL INCOME - hence, was there Abuse of Power, Taking of BRIBES or other wrongful enrichment???
NOW, do we need a NEW LAW governing PUBLIC ASSET declarations of MP/ADUN/Senator/Ministers > Preferably YES - and lying in this asset declaration would be a SERIOUS Crime...
- There should also be a MECHANISM for the Public to expose LIES in these politicians declaration - maybe EXPOSE assets not declared,... which should later be investigated by a relevant body, best under PARLIAMENT - and not the government.
NO USE FOR ASSET DECLARATIONS to PM, MACC,... that is 'SECRET' not available for PUBLIC to see...
Why NOT MACC? Well, the Chief is picked by the PM, who also has the power to remove at anytime - this compromises its INDEPENDENCE. Would all MALAYSIANS believe if MACC (when under AZAM BAKI) says all is OK - no signs of wrongful enrichment? I am afraid, most people have LOST TRUST on MACC and a lot of law enforcement in Malaysia..
If MACC is used, it is also an ABUSE OF POWER by the Prime Minister and Government - WHY? Because MACC can and should only demand ASSET DECLARATIONS in certain situations - i.e. when there is reasonable ground to believe.. that suspect has 'that any property is held or acquired by any person as a result of or in connection with an offence under this Act,...'.
The wordings are CRYSTAL CLEAR - Asset Declaration ONLY on reasonable ground to believe ...that any property is held or acquired by any person as a result of or in connection with an offence under this Act ' - so, there must be 'reasonable ground to believe' that an OFFENCE had been committed.
Thus, MACC asking for ASSET DECLARATIONS from candidates of political parties going to contest elections(so political party can CLAIM the candidate is a GOOD person who is CLEAN and did not commit any CRIME) or to ask for ASSET DECLARATIONS from MPs/ADUNs/Senators/Ministers/ etc simply is WRONG and a possible ABUSE OF POWER. If MACC asks for ASSET Declarations - then the presumption must be that MACC has reasonable ground to believe that said person committed a CRIME. After Anti-Corruption agency gives the 'GREEN LIGHT' - how many Ministers have later been charged?
Thus, MACC or any Malaysian Law Enforcement, cannot ask or PROCESS ASSET DECLARATIONS - simply, possibly to convince the public that the Cabinet Members, MPs are CLEAN - no crimes committed.
Section 36 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 - Powers to obtain information
(1) Notwithstanding any written law or rule of law to the contrary, an officer of the Commission of the rank of Commissioner and above, if he has reasonable ground to believe, based on the investigation carried out by an officer of the Commission, that any property is held or acquired by any person as a result of or in connection with an offence under this Act, may by written notice-
(a) require that person to furnish a statement in writing on oath or affirmation-
(i) identifying every property, whether movable or immovable, whether wit..
Thus, the Prime Minister or the GOVERNMENT cannot use MACC or any law enforcement to evaluate PUBLIC ASSET DECLARATIONS - if the government want to give MACC to look into asset declarations to determine whether it is TRUE or LIES > then the Law need to be amended....
Anwar Ibrahim agrees that past ASSET DECLARATIONS are just a POLITICAL GIMMICK...
Prime Minister Datuk Seri Anwar Ibrahim said the ministers’ asset declarations must be made in a responsible and transparent manner rather than just a political gimmick. Anwar who is also Finance Minister said he was in discussions with various agencies including the Malaysian Anti-Corruption Commission (MACC) to make the asset declaration processes more transparent.
“Declaration of assets was a farce in the past as far as I’m concerned. You can find people having hundreds of millions of ringgit and still declaring RM11 million or RM12 million. So I think what we need to do is to make sure parameters are clear.” He said this when asked whether his Cabinet ministers had declared their assets to him and when it could be made public during the press conference after the 2023 Budget Dialogue Council themed ‘Developing a Madani Nation’ here today. - Ministry of Finance Website, 17/1/2023
Even before we had a LAW - the idea behind PUBLIC ASSET DECLARATION was GOOD. It showed TRANSPARENCY of Government and Parliament - but it should be at the very least done TWICE (better more regularly), once when they come into POWER/position, and the 2nd when they leave the position/power > so PUBLIC can see if there are LIES, and more important UNJUST or wrongful ENRICHMENT of self, family members, friends...
Even without a LAW - lies can still be a CRIME.
A LAW is definitely better-
LIES in Asset Declaration can be a CRIME carrying a DETERRENT Sentence. Even those who LIED, could be immediately disqualified as MP/Senators/ADUNs/Ministers
WHO Monitors is IMPORTANT? Best, that it be PARLIAMENT or State Legislative Assembly
There MUST be a mechanism for PUBLIC to be able to EXPOSE lies
There must be also someone to INVESTIGATE allegations of LIES...
What ASSETS should be declared - Evey thing - Monies Received, Shares/Stock, PENSIONS, Additional Income received by appointment to government agencies, GLCs or companies [This practice of appointing ADUNs and MPs into GLCs/Government Agencies MUST stop - as it compromises duties of Backbenchers and Opposition to be an effective check and balance of the Government of the DAY, and such appointment may also be an 'ABUSE OF POWER' ], all Bank Accounts in Malaysia and overseas, all monies held in 'borrowed accounts' or by other persons on behalf of said Minister/MP
Johor DAP has clarified that the party had offered to appoint incumbent Skudai assemblyman Marina Ibrahim to helm a statutory body and not a government-linked company (GLC) as seen in a letter that went viral.
There must also be a DECLARATION that no 'insider information' was given to 3rd parties, which could then buy(or sell) land or shares/stocks because they now have information of government plans before it was made known to the public...
It must also include family members, and other close associates...
NOW, BERSAMA is also promising PUBLIC ASSET DECLARATION - and they must clarify - is it going to be the same as the past, which is USELESS if the intention to to COMBAT wrongful enrichment and corruption > which requires at least 2 - or better still ANNUAL Public Asset Declarations...
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