Sunday, June 23, 2024

6 now former BERSATU MPs - anyway you look at it, they were EXPELLED by their party - so NOT Disqualified as MPs?

BERSATU amended it's Party Constitution to TRY TO DISQUALIFY their expelled MPs from remaining MPs? 

ANTI-HOPPING LAW - the purpose of it is to protect VOTER or Constituent's RIGHTS - not Political Party Rights. 

IT does not want Political Parties or its leadership to be able to use 'threats' of EXPULSION that will result in the  Disqualification of MP-ship of any Member of Parliament(MP) who is a member of the party.

WHY? Because a Member of Parliament(MP) in Malaysia is the PEOPLES' Representative in Parliament, not the Political Party's representative in Parliament, and in the Malaysian elections today, we vote for the PERSON who is the Candidate, and not for the Political Party.

NOBODY wants a MP that simply follows what their Party or its leaders ORDER the MP to take the party position and VOTE as the party says - EVEN THOUGH when this is CONTRARY to the position and views of the majority of the people in that constituency, and maybe even contrary to what the MP personally believes to be in the BEST interest of the people he/she represents in Parliament. 

THEREFORE, the Anti-Hopping law says that no MP will be disqualified as MP if he/she is EXPELLED from the Party. This re-affirms that Malaysia believes that a MP is the peoples' representative, not the representative of the political party he/she is a member. This is RIGHT.

BERSATU's actions is contrary to the FEDERAL CONSTITUTION if they did it solely to disqualify MPs. Neither a party's constitution or any other LAWS be able to contradict the Federal Constitution where the Ant--Hopping provisions are.

What BERSATU did was EXPEL its MPs from the party - so, no matter what their party Constitution says, these MPs will not be DISQUALIFIED as MPs - but will now become INDEPENDENT MPs in Parliament. However, if they JOIN any party as a member, then and then only will they be disqualified. 

A MP only disqualified if he leaves his party or joins another party

However, if the MP leaves a political party or join another party on his own after he has been elected, then and then only will he be DISQUALIFIED as MP - and there will be a BY-ELECTION, where the so disqualified MP can contest too. The people in the Constituency will have to decide again, who they want for the peoples' representative - MP in Parliament or ADUN is State Assembly. Anti-Hopping law is to protect PEOPLEs' rights only.

WHY disqualified when an MP leaves a political party on his/her own? Simple, when a candidate stands as a candidate of a particular party - he REPRESENTS that he/she is also a person that supports the fundamental position/principles of the party, amongst others, including other values/principles he personally hold and believe in. Hence, when he/she leaves the party - there is a BREACH of that promise - maybe even a U-turn in representations made that got him/her elected. So, we ask the affected people again to be sure who they want to be their PEOPLES' Representative?

BERSATU sent notice to Speaker of Dewan Rakyat - what happens now?

A notice on the vacancies of six parliamentary seats held by rogue Bersatu members has been sent to the Dewan Rakyat Speaker’s Office, says Datuk Seri Dr Ronald Kiandee.

The Bersatu parliamentary whip said the notice regarding the Jeli, Gua Musang, Bukit Gantang, Kuala Kangsar, Tanjong Karang and Labuan seats was received by the Speaker’s Office yesterday.

Well, this is what may happen - the speaker WILL RE-ARRANGE the seating of these previous BERSATU MPs - Now, they will be considered INDEPENDENT MPs - that is all.

Will or can the Speaker DISQUALIFY these MPs pursuant to Anti-Hopping provisions in our Federal Constitution? NO, he won't and should not..

The right course is for BERSATU to take this matter to COURT and get the Court's decision - but until then the 6 ought to remain as MPs - active MPs.

If the Speaker now DISQUALIFIES the 6 as MPs, a GRAVE INJUSTICE happens to the people of the respective constituencies - for they CHOSE these MPs to be their Peoples' Representative in Parliament, and also a great injustice to these MPs. BEST let the Court decide if BERSATU wants them disqualified.

Hence, beside changing seating position, the Speaker should not disqualify these MPs, and maybe advice BERSATU to take the matter to court if still UNHAPPY.

Status quo be maintained until there is a Court decision. MPs affected remain MPs.

Alternatively or additionally, BERSATU can move for an amendment of the Federal Constitution provisions on anti-hopping laws - so that party expelled MPs will also be automatically disqualified as MPs.

Has BERSATU filed a motion or a private member's Bill to amend the Federal Constitution yet? 

49A  Change of a member's political party, etc.(Federal Constitution)

(1) Subject to the provisions of this Article, a member of the House of Representatives shall cease to be a member of that House and his seat shall become vacant immediately on a date a casual vacancy is established by the Speaker under Clause (3) if—

(a) having been elected to the House of Representatives as a member of a political party—

(i) he resigns as a member of the political party; or

(ii) he ceases to be a member of the political party; or

(b) having been elected to the House of Representatives otherwise than as a member of a political party, he joins a political party as a member.

(2) A member of the House of Representatives shall not cease to be a member of that House pursuant to this Article only by reason of—

(a) the dissolution or cancellation of the registration of his political party;

(b) his resignation from the membership of his political party upon election as a Speaker; or

(c) the expulsion of his membership of his political party.

Article 49A(2)(c) is CRYSTAL CLEAR -

(2) A member of the House of Representatives shall not cease to be a member of that House pursuant to this Article only by reason of— (c) the expulsion of his membership of his political party.

Hopefully, the Speaker does not make a mistake and say they are disqualified - Then problem arises...the MP's will be wrongly ousted from Parliament, and even if they later get a court decision saying the Speaker was wrong - GE16 may have come and gone, or if they had a by-election - some other MP may be 'illegally' occupying the said seat. 

BEST SOLUTION - Speaker do not DISQUALIFY because Constitution clear that when a Party expels a member, the said MP will not be disqualified. ADVISE Bersatu to just go to court and get an order if they want. Then, Speaker acts based on the Court Order - it is safe.

PARTY Representatives -  

In some countries, like Thailand, besides MPs who are people's representatives, there are also  PARTY LIST candidates who become MPs - whereby the party sends a LIST of party candidates - and here we can say that these Party MPs, as the people chose the parties, and THEN the party candidates in the list will be the MP. For such Party MPs - there may be JUSTIFICATION that if the LEAVE or is EXPELLED from their political party, then they are AUTOMATICALLY disqualified as MPs.

Thailand have a 2-ballot system 

Two-ballot system

Each voter will get two ballots:

1. Constituency vote to select the district MP

There are 400 seats representing the 400 districts. The candidate with the most votes for that district wins the seat.

2. Party-list vote to pick the preferred party on a national level

The 100 party-list seats are distributed proportionately, based on the percentage share of votes each party gets in this category.

But, this is NOT the case in Malaysia - where people at a particular Constituency vote for the CANDIDATE only - not the Party. 

Maybe, Malaysia should also INTRODUCE Party List MPs.

Formula - Not taking into account the winner's vote in our Malaysian elections, the votes of all non-winning candidates are totaled up, and maybe 50 Party List MPs are picked??

There must be FEW Urgent Reforms - Malaysians want to know how their MPs voted > so, let every vote in Parliament - transparently show how each MP VOTED.

Now, Speaker is PREJUDICED by the number of MPs present - if there are MORE government party or supporting party MPs, the speaker assumes that ALL government party MPs voted in favour...

'VOICE VOTE" - must end - and Parliament need to be Transparent - and people deserve to know HOW their MP voted - in favor, oppose or maybe abstain...

So, what if my PH MP comes and tell people - no, he did not support although most of the party MPs voted in favour...or he says, he did not say anything because he did not agree..

Interestingly, after being expelled from UMNO, Anwar told lawyers that he OPPOSED the use of ISA during Operation Lalang, etc  >> who is to believe that? We want proof.

Talking about MPs that have been EXPELLED by their parties - we have Anwar Ibrahim, and we also have Muhyidin Yasin when raised the !MDB issue - should they have been disqualified as MPs? I do not think so - BUT if they left their party on their OWN, then yes they must be DISQUALIFIED to give the people the right to decide again who they want as their peoples' representatives??

Why did the reporters ask Anwar Ibrahim about what will happen to the 6 former BERSATU MPs - Don't they know that Anwar has NO POWER in this matter - The power is with the Speaker? Or do the MEDIA and Malaysians think that the Speaker is just a 'mere puppet' who will do whatever Anwar tells him to do? MEDIA need to mature up and not ask wrong questions - hopefully, the question was just asking Anwar, what his OPINION is on the matter?

'Prime Minister Datuk Seri Anwar Ibrahim is leaving it to the Speaker of Dewan Rakyat Tan Sri Johari Abdul to decide on the status of the seat of six Bersatu Members of Parliament..' This 'leaving it to the Speaker' is MISLEADING - it may give the impression that Anwar has the power to determine the outcome, but he is leaving to the Speaker..

PM Anwar is the head of just the EXECUTIVE BRANCH of the Government

The Speakers is the head of the LEGISLATIVE BRANCH of Government

The JUDICIARY also got its own HEAD.

ANWAR IBRAHIM, as PRIME MINISTER can at any time be REMOVED as Prime Minister - the moment he loses the confidence of the majority of MPs..

The President of PKR or PH need not be the PRIME MINISTER - he can be any MP. A fact proven when Ismail Sabri(not the UMNO President or the BN Chair) was chosen by the majority of MPs to be Prime Minister..

 

 

 

Kiandee: Notice on six rogue Bersatu MPs sent to Speaker


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By GERARD

PETALING JAYA: A notice on the vacancies of six parliamentary seats held by rogue Bersatu members has been sent to the Dewan Rakyat Speaker’s Office, says Datuk Seri Dr Ronald Kiandee.

The Bersatu parliamentary whip said the notice regarding the Jeli, Gua Musang, Bukit Gantang, Kuala Kangsar, Tanjong Karang and Labuan seats was received by the Speaker’s Office yesterday.

“A precedent was set where the Nenggiri seat in the Kelantan state assembly was declared vacant by its Speaker in accordance with the state’s laws, which are aligned with the Federal Constitution.

“Hence, according to Article 49A of the Federal Constitution, the Speaker must confirm there is an unexpected vacancy within 21 days of receiving the notice,” Kiandee said in a statement yesterday.

He claimed that confirmation of the unexpected vacancies must be respected in line with Section 18C of the Societies Act, indicating that any decision by a registered political party is “final and conclusive”.

The Beluran MP is also confident that Speaker Tan Sri Johari Abdul would want to ensure that the legislative body is free of political influence while upholding the law.

“He has no choice but to declare the six parliamentary seats vacant and notify the Election Commission so that by-elections may commence,” Kiandee said.The Nenggiri seat, held by Mohd Azizi Abu Naim, was declared vacant by Kelantan state assembly Speaker Datuk Mohd Amar Nik Abdullah after the former lost his Bersatu membership.Mohd Azizi, who is also Gua Musang MP, had failed to respond to an official letter requiring him to pledge his loyalty to the party by May 31.

Although he won the Nenggiri seat under the PAS banner, Mohd Azizi held a Bersatu membership.

Aside from Mohd Azizi, Bersatu earlier in the month declared that five other MPs and a Selangor assemblyman also ceased being party members after failing to respond to letters requiring them to pledge loyalty to the party.

The representatives are Bukit Gantang MP Syed Abu Hussin Syed Abdul Fasal, Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Suhaili Abdul Rahman (Labuan), Datuk Dr Zulkafperi Hanafi (Tanjong Karang) and Selat Klang assemblyman Datuk Abdul Rashid Asari.

This comes after Bersatu successfully amended its constitution where party members will automatically cease to be members if they go against the party’s decisions, and its elected representatives must subsequently vacate their seats.

When contacted, a representative from the Dewan Rakyat Speaker’s Office confirmed having received the notice from Kiandee. - Star, 21/6/2024

Speaker has received notice on rogue Bersatu MPs, says Kiandee

FMT Reporters-

The Bersatu veep says Johari Abdul has no choice but to declare the six seats vacant and inform the EC on the need for by-elections.


Ronald Kiandee and Johari Abdul
Bersatu chief whip Ronald Kiandee (left) said Dewan Rakyat Speaker Johari Abdul has to follow the precedent set by the Kelantan state assembly speaker yesterday.

PETALING JAYA: Dewan Rakyat Speaker Johari Abdul’s office has been notified about six Bersatu MPs ceasing to be party members, says its chief whip, Ronald Kiandee.

Kiandee said the notice was submitted and received by the speaker’s office today.

He also said Johari now has no choice but to declare the six seats vacant and inform the Election Commission n the need for by-elections, as a precedent had been set by the Kelantan assembly speaker yesterday with the Nenggiri state seat.

“In line with paragraph three of Article 49A of the Federal Constitution, the speaker needs to ensure that the unexpected vacancies have occurred within 21 days of receiving the notice.

“The confirmation of these unexpected vacancies must be respected, especially since Section 18C of the Societies Act states that the decision of a political party on any matter relating to its affairs shall be ‘final and conclusive’.

“I am confident that Johari wants to ensure the legislature is free from partisan political influence by respecting the supremacy of the constitution and upholding the rule of law,” the Bersatu vice-president said in a statement.

FMT has reached out to Johari for comment.

Kiandee was referring to the six Bersatu MPs who have declared support for Prime Minister Anwar Ibrahim.

They are Azizi Abu Naim (Gua Musang), Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Suhaili Abdul Rahman (Labuan).

Yesterday, Kelantan assembly speaker Amar Abdullah declared the Nenggiri state seat held by Azizi vacant after being notified by Bersatu that he had ceased to be a party member. - FMT, 20/6/2024

Let Dewan Rakyat Speaker decide on status of six Bersatu MPs, says PM Anwar

Let Dewan Rakyat Speaker decide on status of six Bersatu MPs, says PM Anwar
Prime Minister Datuk Seri Anwar Ibrahim mingles with the congregation after performing Friday prayers at the Tun Abdul Aziz Mosque in Kuala Lumpur, June 21, 2024. — Bernama pic

PETALING JAYA, June 21 — Prime Minister Datuk Seri Anwar Ibrahim is leaving it to the Speaker of Dewan Rakyat Tan Sri Johari Abdul to decide on the status of the seat of six Bersatu Members of Parliament whose party membership has ceased immediately.

“The question of six Bersatu seats (Members of Parliament) was referred to the Speaker of the Dewan Rakyat. Let the Speaker decide,” he said when met after performing Friday prayers at the Tun Abdul Aziz Mosque, here today.

Yesterday, Bersatu chief whip Datuk Seri Ronald Kiandee announced in a statement that the notification of the vacant seats of the six Bersatu MPs whose party membership had ceased immediately had been submitted and received by the Dewan Rakyat Speaker’s office.

The seats involve the parliamentary constituencies of Jeli and Gua Musang in Kelantan, Bukit Gantang and Kuala Kangsar in Perak, Tanjong Karang, Selangor and Labuan. — Bernama, Malay Mail, 21/6/2024

 



Friday, June 21, 2024

Minister Fahmi Fadzil, did the Malaysian government ask Facebook to remove my post? Was it because of Sg Bakap by-elections?

Communications Minister Fahmi Fadzil, did the Malaysian government ask Facebook to to remove my post? WHY? 

After all, it was just a MEDIA STATEMENT 'Malaysian must stop asking ‘secretly’ or otherwise Tik Tok to remove post and delete accounts of Malaysians - Accord the alleged suspect the Right To Be Heard and get a Court Order before blocking posts(or accounts) that allegedly break Malaysian law

 
 

 See:-

MALAYSIA, Stop asking TIK TOK to CENSOR our posts - Government must ACT only when laws broken and according to LAW.

 [http://charleshector.blogspot.com/2024/06/malaysia-stop-asking-tik-tok-to-censor.html]

Was it done by the special task force to curb the spread of fake news on social 
media ahead of the Sungai Bakap by-election? 
 
- see also 

PKR, a government party contesting in Sg Bakap By-Elections - Is it right for government to set up 'task force against Fake News' for this election? Is it not a kind of 'campaigning'? Government should stay out elections? FREE AND FAIR ELECTIONS please

IF NOT THE GOVERNMENT, then Minister Fahmi really must take action against Facebook and other social media Apps that practice 'censorship' - reminding them of Malaysia's commitment to FREEDOM OF EXPRESSION, and telling them to not violate the rights of Malaysians.

Govt to form task force against fake news for Sungai Bakap polls

FMT Reporters-

Communications minister Fahmi Fadzil says the initiative is to address ‘irresponsible statements’ made during election campaigns.


Free Malaysia Today
Communications minister Fahmi Fadzil said monitoring of social media is usually carried out at the ministry level and by MCMC, as well as other agencies and departments.

PETALING JAYA: The communications ministry will set up a special task force to curb the spread of fake news on social media ahead of the Sungai Bakap by-election next month.

Its minister, Fahmi Fadzil, said the purpose of monitoring social media platforms was to address “irresponsible statements” made during election campaigns.

“Typically, during state seat by-elections or general elections, there are teams assigned to scrutinise these platforms,” Fahmi said as reported by Utusan Malaysia.

“This is carried out at the ministry level and by the Malaysian Communications and Multimedia Commission (MCMC), as well as other agencies and departments such as the information department.

“God willing, we will establish a committee for the upcoming by-election,” he said after an event in Nibong Tebal, today.

The Sungai Bakap state seat by-election will be held on July 6, with early voting on July 2.

Nomination of candidates will be held on June 22.

The by-election follows the death of Sungai Bakap assemblyman, Nor Zamri Latiff of PAS, who passed away on May 24 after spending over three weeks in intensive care due to stomach inflammation.

Yesterday, it was reported that there had been a sharp increase in the amount of restricted content in Malaysia, according to data from Meta’s transparency centre.

The number of restricted items found online rose from 536 in 2022 to 8,580 in 2023 – a 16-fold increase in just one year.

In its change log update for the period of July to December 2023, Meta found 4,700 restricted items comprising illegal gambling content, scams, posts on regulated goods, offensive 3R (race, religion and royalty) comments and cyberbullying.

The company said content was categorised as restricted in response to reports by MCMC. - FMT,6/6/6/2024

 

Thursday, June 20, 2024

MACC should be under Parliament, and no more under the Prime Minister ## A simple amendment requiring prior Parliament’s approval....

Media Statement – 20/6/2024

MACC should be under Parliament, and no more under the Prime Minister

A simple amendment requiring Parliament’s approval, prior to the advice of PM to King can easily be done

MADPET (Malaysians Against Death Penalty and Torture) is of the opinion that it is best that the Malaysian Anti-Corruption Commission (MACC) that is currently under the Prime Minister's Department or Prime Minister Anwar Ibrahim, be placed under Parliament so that it will become independent and more effective in fighting corruption, irrespective of whether the alleged perpetrator is Anwar Ibrahim himself, political leaders or politicians in now government party or others.

Now, MACC is perceived by some that it is TOOL of the government of the day, which seems to target Opposition, ‘old enemies’ and/or critics of the Prime Minister or the government.

Enough of ‘promises’ with no follow-up actions

Again on 18/6/2024, Anwar Ibrahim ‘repeats’ ‘The government will examine the implications of a proposal to place the Malaysian Anti-Corruption Commission (MACC) under the jurisdiction of Parliament, said Datuk Seri Anwar Ibrahim.’(Star, 18/6/2024).

More than 14 months ago, on 28/3/2023, PM Anwar Ibrahim told Parliament that ‘Putrajaya is willing to relinquish its discretion in appointing the chief commissioner of the Malaysian Anti-Corruption Commission (MACC) to Parliament… as long as there is a mechanism decided…’ in Parliament. (The Edge, 28/3/2023). Since then, the government did little (or nothing) to crystalize this mechanism for Parliament’s involvement, or to amend the MACC Act to empower Parliament to decide on the MACC Chief, and thereafter the King appoints.

MADPET is disappointed false hopes, promises and/or assurances given by PM Anwar Ibrahim and Pakatan Harapan leaders for reform, which then is not followed up or is delayed until god knows when. Worse case there is a total U-turn, for example about the promise to repeal Sedition Act and bad laws, and even Local Council(government) elections.

Amend to require prior approval of Parliament, before PM tenders advice to King or PM/Minister directly appoints

Currently, the MACC Act stipulates in Section5(1) that ‘The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Chief Commissioner of the Malaysian Anti-Corruption Commission for such period and on such terms and conditions as may be specified in the instrument of appointment.’

The amendment needed which MADPET proposes is, (5)(1) that ‘The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, after obtaining prior approval of Parliament, appoint a Chief Commissioner of the Malaysian Anti-Corruption Commission for such period and on such terms and conditions as may be specified in the instrument of appointment.’. That is all.

Prior approval of Parliament process will include vetting process conducted by some Parliamentary Appointments Committee, which will be comprised of Government Back Bencher MPs and Opposition MPs, who will do a thorough examination of the nominees for the position of MACC Chief Commissioner to determine the qualifications and suitability for the said positions through also a question and answer session which is best telecast live. The recommendation of such Parliamentary Appointments Committee will then be voted by Parliament.

The mere presence of public vetting procedures could also deter prime ministers from making unsuitable or unpopular appointments in the first place.

This process of Parliamentary approval has legal precedence in other countries to determine that only qualified and suitable candidates are appointed to certain positions. It is practiced also in the US, Ghana and other jurisdictions.

In Ghana, for example, such a process is practiced for even Minister and Deputy Minister candidates.

Art 78(1) of the Republic Of Ghana Constitution says that Ministers of State shall be appointed by the President with the prior approval of Parliament from among members of Parliament or persons qualified to be elected as members of Parliament, except that the majority of Ministers of State shall be appointed from among members of Parliament.

Art 79(1) (1) The President may, in consultation with a Minister of State, and with the prior approval of Parliament, appoint one or more Deputy Ministers to assist the Minister in the performance of his functions.

Hence, for the appointment of Chief Commissioner of MACC, members of the 3 statutory monitoring bodies of MACC - the Anti-Corruption Advisory Board (Section 13 MACC Act), Special Committee on Corruption (Section 14) and The Complaints Committee (Section 15), a simple amendment requiring the PRIOR approval of Parliament before appointment is needed.

Same goes for the 2 other oversight bodies, being Operations Review Panel (ORP) and the Consultation and Corruption Prevention Panel (CCPP) which are established through administrative order, whereby members now are appointed by the Prime Minister.

5 Oversight Bodies – Good on Paper But Does It Work?

Azam Baki, the current MACC Chief Commissioner disagrees that MACC be placed under Parliament's purview. He pointed out that the agency is already monitored by five independent oversight bodies. (NST, 17/6/2024).

The problem, however, is whether these 5 bodies, being 3 Statutory bodies and 2 established through administrative order. are even independent and functioning as required -  a question that was highlighted in the case of Edmund Terence Gomez, then a member of the Consultation and Corruption Prevention Panel(CCPP). He alleged that he asked the then Chairman of CCPP for a meeting to discuss urgent matters, presumably about the Azam Baki scandal, but the Chairman failed to call the meeting, even when an alleged ‘whistleblower’ was ready to attend. Terence also wrote to the then MACC Anti-Corruption Advisory Board Chairman on three separate occasions, but these also failed to elicit any response. (Malay Mail, 28/12/2021). If a member of the Panel cannot get the Panel to meet on what he considered important, would others with relevant evidence be able to do so.

In short, MADPET is of the opinion that it USELESS to have such monitoring or oversight bodies in name, but in fact it fails to achieve its intended purpose, be it by reason of wrong person/s being appointed, lack of transparency and poor monitoring by Parliament and/or the people generally.

A perusal of internet, including the MACC’s website, shows no public records of meetings, let alone decisions made or actions taken.

Something is wrong, and that is why one needs good Chairpersons and members of MACC oversight bodies, and a requirement that oversight bodies actions and reports are transparent.

It is absurd that these 5 oversight bodies report ONLY to MACC (the entity being monitored) and the Prime Minister, and not to the Malaysian public and Parliament.

Azam Baki’s Scandal?

An important issue still unanswered is was whether Azam Baki (a public officer) had violated the Public Officers (Conduct And Discipline) Regulations 1993, and including the related Service Circular Number 3/2002 – Ownership and Declaration of Assets by Public Officials, which prevents a public servant from owning more than RM100,000 worth of shares in any company.

What was the decision of the relevant Disciplinary Board – as Azam Baki  was alleged to have more than the amount of shares permitted to be held by a public officer? Did he declare his assets as and when required?

Recall that it was alleged that between 2015 and 2016, Azam Baki became the owner of 930,000 shares in Gets Global Bhd as at April 30, 2015, and a further 1,029,000 shares as at March 31, 2016. It was also alleged that Azam, as at March 21, 2016, also owned 2,156,000 warrants in publicly listed Excel Force MSC Bhd. Azam ‘did not deny the stock transactions. Instead, he claimed the trades had been executed by his brother using Azam’s share-trading account.’

Some law enforcement agencies like the Securities Commission oddly said no crime was committed, but the question of whether Azam Baki, being a public officer, committed a misconduct remains unanswered. The effectiveness of the 5 monitoring bodies also can be questioned.

Anwar appoints Azam Baki as Chief Commissioner for 1 years, then another 1 year

After, his term ended, surprisingly the new-PH led government under Anwar Ibrahim re-appointed Azam Baki for a 1 year term, and again from 12/5/2024, Azam Baki was reappointed for 2nd 1 year term. Parliament was not consulted. Surely, there would be other officers of the MACC that could have been appointed as Chief Commissioner.

Security of Tenure – A fixed term with no contract extensions

Another issue was these short 1-year terms, would this not compromise the independence of the Chief Commissioner of MACC. Will Azam Baki’s term be renewed one year at a time for so long that he remains ‘loyal’ to the Prime Minister?  This compromises the independence of MACC, and may propagates that the perception that the MACC is just another tool of the government.

This is why all these appointments to MACC positions of power should need prior Parliamentary approval to restore the image and independence of MACC. MACC should also be required to report to Parliament maybe annually at the very least.

MADPET calls for immediate amendments to the law, that will remove the role of the Prime Minister or any Minister in the appointment of the MACC Chief Commissioner, and the members of the various oversight monitoring bodies. All appointments should require prior Parliamentary Approval.

MADPET calls for Security of Tenure, whereby the law fixes clearly the tenure of the Chief Commissioner, which could be retirement age or a 6-year term. There ought to be no extension of the term of office.

To restore the public perception of MACC, it is best that the MACC be placed directly under Parliament, as this is a must after former Prime Ministers and other Ministers have been found to commit crimes while holding office. Only, after the fall of the Barisan National(BN) in 2018, were these leaders exposed, investigated, charged, tried and convicted. If Prime Minister Anwar commits a crime, we want him to be investigated, charged and tried now – not after he ceases to be Prime Minister. Hence, why MACC must be independent from the Prime Minister and the current administration.

MADPET also calls for the immediate removal of Azam Baki as MACC Chief Commissioner to restore public confidence for an INDEPENDENT MACC. Another can easily be appointed as MACC Chief.

MADPET also calls for Parliamentary Approval, including public vetting, of all persons before they are appointed Ministers and Deputy Ministers – as we want clean and efficient Ministers.

Charles Hector

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)



This year -

Govt to study implications of proposal to place MACC under Parliament, says PM Anwar

Nation
Tuesday, 18 Jun 2024 3:33 PM MYT




BUKIT MERTAJAM: The government will examine the implications of a proposal to place the Malaysian Anti-Corruption Commission (MACC) under the jurisdiction of Parliament, said Datuk Seri Anwar Ibrahim.

The Prime Minister said the strict conditions regarding the proposal also need to be reviewed first before any decision could be made on the matter.

"That (placing MACC under Parliament) needs to be discussed... we need to examine the stringent conditions (before deciding),"
he told reporters after attending a Hari Raya Aidiladha gathering hosted by his old friend Hamzah Mat Isa in Mengkuang Semarak here Tuesday (June 18).

He also noted that the MACC now appears to be more 'aggressive' compared to the past.

Anwar said that although MACC is still under the Prime Minister's Department, it is the responsibility of the agency to conduct investigations if there is misconduct, regardless of an individual's status.

"Right now, what is important is to investigate, have clear evidence and prosecute. That is crucial. Then use technical arguments, don't avoid the truth. I don't care, don't fabricate, don't oppress. If there is evidence, respond; if there are facts, respond. That is what matters," he said.

Last Sunday, MACC chief commissioner Tan Sri Azam Baki, when appearing as a guest on a podcast with a news publication, disagreed with the proposal to place the MACC under Parliament.

He said the MACC is the only agency monitored by five independent bodies,
while Hong Kong's Independent Commission Against Corruption is monitored by four oversight bodies.

Meanwhile, the Prime Minister also pledged to make Cherok Tokun an outstanding Madani Village under the initiative to adopt it as his foster village.

Earlier, Anwar and his wife, Datuk Seri Dr Wan Azizah Wan Ismail, spent about 45 minutes mingling with and greeting guests at the event. - Bernama - Star, 18/6/2024

Last year...

Govt willing to let Parliament decide on MACC chief's appointment, says Anwar
By Chester Tay / theedgemarkets.com
 
28 Mar 2023, 02:53 pm
main news image

Photo by Mohamad Shahril Basri/The Edge

KUALA LUMPUR (March 28): Putrajaya is willing to relinquish its discretion in appointing the chief commissioner of the Malaysian Anti-Corruption Commission (MACC) to Parliament in order to strengthen the competitiveness of the anti-graft agency, Prime Minister Datuk Seri Anwar Ibrahim said on Tuesday (March 28).

“It (the appointment) is dependent on the advancement of Parliament, as long as there is a mechanism decided [here], after recommendations by TI-M (Transparency International Malaysia) or other bodies, studied by the Attorney General’s Chamber or government agencies, and subsequently moving [the proposal] to the Select Committee,” he told the Dewan Rakyat.

Anwar was responding to Masjid Tanah Member of Parliament Datuk Mas Ermieyati Samsudin, who asked whether the government will bring the matter of appointment or renewal of the MACC chief commissioner to a special committee under Parliament.

“If it is not [brought under Parliament], wouldn’t it reflect that the PM’s reform agenda no longer exists? An appointment made by Tambun [Member of Parliament Anwar] will create speculation that there is a certain deal being made by Tambun,” she told the august house.

In response, Anwar said if Parliament can establish a process and mechanism for the appointment of the MACC chief commissioner before the end of the tenure of the incumbent Tan Sri Azam Baki, he would have no issue implementing it.

“First of all, I need to clarify that the appointment of the [current] chief commissioner of the MACC was made by Pagoh (former PM Tan Sri Muhyiddin Yassin). That needs to be clear, as [Azam] is recognised as someone capable and independent by Pagoh.

“If this process [by Parliament] can be established, then I have no issue with this process. But this process should be respected,” he added.

Earlier, Mas Ermieyati also asked whether the government would place the entire MACC under the jurisdiction of Parliament.

However, Anwar pointed out that under the current laws and regulations, the MACC is deemed to be an independent body already.

“That was why when I took over, I decided not to make any changes to the MACC chief commissioner, who was appointed by Pagoh, to not create a perception that a new PM will appoint a new MACC chief commissioner. That was why I maintained him.

“The current laws guarantee the independence of the MACC, and it is not subject to instructions from the PM,” he stressed. - The Edge, 28/3/2023

Azam’s contract as MACC chief extended

FMT Reporters-

This is the second one-year extension to Azam Baki’s contract as MACC chief commissioner.

azam baki
Azam Baki was appointed MACC chief commissioner on March 9, 2020. (Bernama pic)

PETALING JAYA: Azam Baki’s contract as the chief commissioner of the Malaysian Anti-Corruption Commission has been extended for one year.

This is effective May 12, said chief secretary to the government Zuki Ali.

“The Yang di-Pertuan Agong has consented to reappointing Azam as the MACC chief commissioner for a one-year period,” Zuki said in a brief statement.

Azam’s contract was due to end on Sunday.

He was appointed MACC chief commissioner on March 9, 2020 following the resignation of his predecessor, Latheefa Koya, after the fall of the former Pakatan Harapan government.

In late 2021, Azam made headlines following allegations that he owned shares and warrants. He denied any wrongdoing, but several watchdog groups and PH leaders called for an investigation to be opened into the matter.

However, then law minister Wan Junaidi Tuanku Jaafar said the issue was resolved after the Securities Commission Malaysia decided that there was no case.

After the unity government’s formation, Prime Minister Anwar Ibrahim defended his decision not to replace Azam, saying he wanted to break the convention that a change of guard in the agency was necessary whenever a new prime minister was appointed.

Azam was then given a one-year contract extension on May 10 last year. - FMT, 10/5/2024

Report: Economist Terence Gomez quits MACC panel to protest inaction over Azam Baki’s alleged share ownership

MACC chief commissioner Datuk Seri Azam Baki speaks to media after attending the National Department for Culture and Arts strategic cooperation programme in Kuala Lumpur, May 4, 2021. u00e2u20acu201d Bernama pic
MACC chief commissioner Datuk Seri Azam Baki speaks to members of the media during a press conference in Kuala Lumpur May 4, 2021. — Bernama pic

KUALA LUMPUR, Dec 28 — Edmund Terence Gomez has resigned from the Malaysian Anti-Corruption Commission’s (MACC) Consultation and Corruption Prevention Panel in protest of its inaction against chief commissioner Datuk Seri Azam Baki’s alleged ownership of millions in publicly traded stocks.

According to Free Malaysia Today, Gomez said he had written thrice to MACC’s Consultation and Corruption Prevention Panel chairman Borhan Dollah to push for a meeting to be convened to discuss the “critical issue of national interest” as early as November.

Despite Borhan having initially responded immediately and agreed for a meeting to be held, it never materialised.

Gomez, a professor of political economy at Universiti Malaya's Faculty of Economics and Administration, added that he was first made aware of the allegations against Azam in articles published at a website, and then wrote to Borhan about them several times.

In his resignation letter dated December 27, Gomez said disturbing questions had been raised about the “nexus between business and law enforcement” and a “conflict of interest” situation before“suggesting a trend in this institution that must be investigated promptly”.

“I stressed that the information that I had received was deeply troubling as it was based on extensive research. The author of these news reports had also listed her name, indicating she was available to discuss this matter with the panel,” Gomez had written.

Besides Borhan, Gomez said he had also written to the MACC Anti-Corruption Advisory Board chairman Tan Sri Abu Zahar Nika Ujang on three separate occasions, but these also failed to elicit any response.

Gomez further noted that Azam has yet to issue any public statement nor had he responded to statements made by several MPs in Parliament on his business dealings that were made on December 14.

Even though he had resigned, Gomez was also quoted as saying he is currently pushing for the panel’s response.

“The letter was sent to the press to publicise this reluctance to act on an important issue. The press has to help us keep this matter in the public eye until an independent investigation is done.

“The prime minister should also act on this matter to protect the integrity of the MACC,” he said.

Gomez was previously appointed to the panel for a two-year term from June 1, 2020 to May 31 next year.

On December 14, Sivarasa filed an urgent motion seeking the Dewan Rakyat to discuss Azam's alleged ownership of close to two million shares in a publicly listed company.

Sivarasa claimed that Azam, as MACC's investigation director between 2015 and 2016, became the owner of 930,000 shares in Gets Global Bhd as at April 30, 2015, and a further 1,029,000 shares as at March 31, 2016.

He also claimed Azam, as at March 21, 2016, also owned 2,156,000 warrants in publicly listed Excel Force MSC Bhd while the latter’s younger brother owned 3,728,000 shares in Gets Global. -Malay Mail, 28/12/2021

How the Azam Baki share saga unfolded

Malaysian Anti-Corruption Commission chief commissioner Tan Sri Azam Baki speaks to the media during a special press conference in Putrajaya January 11, 2022. u00e2u20acu201d Bernama pic
Malaysian Anti-Corruption Commission chief commissioner Tan Sri Azam Baki speaks to the media during a special press conference in Putrajaya January 11, 2022. — Bernama pic

KUALA  LUMPUR, Jan 14 — Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki has been embroiled in a share trading controversy that is now the subject of at least two investigations.

Azam is being investigated by the Securities Commission for allowing his brother to operate his share-trading account and has been summoned by a parliamentary select committee over the same matter.

Here is a timeline of the controversy.

Edisi Siasati

 In October 2021, an anonymously-operated Twitter account named Edisi Siasat began posting allegations of irregularity at the MACC and the police, eventually naming Azam as among those involved.

It alleged Azam purchased millions of shares in a company back in 2015, questioning how a civil servant was able to afford these.

Activist Lalitha Kunaratnam reports on controversy

On October 26, 2021, activist Lalitha Kunaratnam wrote an article titled “Business Ties Among MACC Leadership: How Deep Does It Go?” on the Independent News Service (INS) website.

In it, she cited publicly accessible records to show stock trading activities purportedly of Azam and his brother, Nasir Baki.

Lalitha went on to question if Nizam had declared his millions of shares as required under Section 10 of the Public Officers Regulation (Conduct and Discipline) 1993.

The section states that all public servants must declare both movable properties, such as money in bank accounts, motor vehicles, jewelleries, firearms, shares, warrants, stocks, bonds and securities, as well as immovable properties, such as land, landed properties, and of course, business ownership or directorship.

Edisi Siasat becomes Edisi Khas

After it backed Lalitha on her allegations, Edisi Siasat was repeatedly reported to Twitter, leading to its eventual suspension on November 28, 2021.

The person or persons behind the account continued to communicate with followers using a previously established Telegram account, in which it was alleged the corruption reached the highest levels of the Home Ministry.

It further claimed the ministry was protecting Azam as it was allegedly aware of the corruption involving other officials.

On December 1, 2021, the account reemerged on Twitter, this time under the handle of Edisi Khas.

Upon its return, it accused several ministers of collusion to protect Azam.

Edisi Khas posts shareholding records

On December 9, 2021, Edisi Khas posted a shareholding analysis of Gets Global Berhad (formerly known as KBES Berhad) that detailed the equity of its top 30 stakeholders as of March 31, 2016. 

This appeared to show Azam as the owner of over a million shares and his brother, Nasir, as that of 3.7 million more.

It also posted further documents that appeared to name Azam as the owner of 2.1 million warrants in Excel Force MSC Berhad. 

MPs call for probe on Azam Baki’s sahreholdings

On December 14, 2021 PKR MP Sivarasa Rasiah filed an urgent motion for Parliament to discuss the allegations against Azam but this was rejected by the Speaker

Two weeks later, six federal lawmakers proposed an independent investigation by a parliamentary select committee into the controversy.

MACC panel member Terrence Gomez quits

On December 27, Professor Edmund Terrence Gomez announced he was resigning from the MACC Consultation and Corruption Prevention Panel, alleging inaction over the allegations surrounding Azam.

Gomez said his three emails to panel chairman Borhan Dollah and MACC Anti-Corruption Advisory Board chairman Tan Sri Abu Zahar Nika Ujang failed to elicit any response. 

Azam finally breaks silence

On January 5, Azam responded to the allegations at last but did not deny the stock transactions.

Instead, he claimed the trades had been executed by his brother using Azam’s share-trading account.

He further claimed he previously explained this to Abu Zahar, who accepted his explanation.

However, Azam saying he allowed his brother to use his trading account appeared to be an admission of his violation of the Securities Industry (Central Depositories) Act (SICDA).

Securities Commission summons Azam

The Securities Commission (SC) said the same day that it would summon Azam and others involved to explain his remarks about allowing Nasir to trade using his account.

The SC said Section 25 of the SICDA required every securities account opened with a central depository to be in the name of the beneficial owner or authorised nominee while Section 29A required all trades to be effected only by the beneficial owner or authorised nominee.

Azam demands damages, apology from Lalitha

On January 6, Lalitha disclosed that Azam’s lawyers had served her with a letter of demand for a public apology, retraction, and RM10 million in damages over the allegations she made against him.

PM Ismail Sabri addresses controversy

On January 8, Prime Minister Ismail Datuk Seri Ismail Sabri Yaakob at last commented on the controversy involving Azam Baki, whose commission came under the former’s authority.

Ismail noted that the relevant authorities were investigating the matter, including the SC and the MACC.

MACC advisory board members disavow Abu Zahar’s comments

On the same day, six MACC advisory board members distanced themselves from Abu Zahar’s remarks that cleared Azam of any wrongdoing in the controversy.

The six — Tan Sri Ismail Omar, Datuk Seri Azman Ujang, Datuk Seri Akhbar Satar, Datuk Hamzah Kassim, Datuk David Chua Kok Te and Prof Datuk Dr Mohammad Agus Yusoff — said that the Abu Zahar’s statement did not reflect the decision of the board as a whole.

Azam says will not resign over controversy

On January 12, Azam said he will not resign and insisted he could only be removed as the MACC chief by the Yang diPertuan Agong.

PSC summons Azam 

On January 12, members of the Parliamentary Special Select Committee (PSC) on Agencies under the Prime Minister’s Department said it has summoned Azam to explain himself over the controversy.

The hearing has been set for January 19. - Malay Mail, 14/1/2022

 

Keen to dispel MACC as govt tool, Azam Baki says investigated one minister in Anwar Cabinet for corruption but no evidence to charge

Keen to dispel MACC as govt tool, Azam Baki says investigated one minister in Anwar Cabinet for corruption but no evidence to charge
Chief Commissioner of the Malaysian Anti-Corruption Commission, Tan Sri Datuk Sri Haji Azam Baki acknowledged that public perception about the MACC is still skewed and many see it as a political tool even though the government has changed twice since he was first appointed to lead the commission in March 2020. — Picture by Miera Zulyana

KUALA LUMPUR, June 17 — A member of the current Cabinet under Prime Minister Datuk Seri Anwar Ibrahim has been investigated by the Malaysian Anti-Corruption Commission (MACC), its chief Tan Sri Azam Baki revealed in a talk show aired today.

However, he did not name the minister’s identity, saying that despite thorough investigations, no substantial evidence was found to press charges.....Malay Mail, 17/6/2024

MACC monitored by five independent bodies - Are they really independent?

 Anti-Corruption Advisory Board (Section 13)

(a) to advise the Commission on any aspect of the corruption problem in Malaysia;

(b) to advise the Commission on policies and strategies of the Commission in its efforts to eradicate corruption;

(c) to receive, scrutinise and endorse proposals from the Commission towards the efficient and effective running of the Commission;

(d) to scrutinise and endorse resource needs of the Commission to ensure its effectiveness;

(e) to scrutinise the annual report of the Commission before its submission to the Special Committee on Corruption; and

(f) to submit its comments to the Special Committee on Corruption as to the exercise by the Commission of its functions under this Act.

Special Committee on Corruption(s.14) - members of the Senate and the House of Representatives

(a) to advise the Prime Minister on any aspect of the corruption problem in Malaysia;

(b) to examine the annual report of the Commission;

(c) to examine the comments of the Anti-Corruption Advisory Board as to the exercise by the Commission of its functions under this Act; and

(d) to seek clarifications and explanations on the annual report of the Commission and the comments of the Anti-Corruption Advisory Board.

Complaints Committee  (s.15) 

(a) to monitor the handling by the Commission of complaints of misconduct which is non-criminal in nature against officers of the Commission; and

(b) to identify any weaknesses in the work procedures of the Commission which might lead to complaints and where it considers appropriate to make such recommendations as to the work procedures of the Commission as it deems fit.

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.

 Consultation and Corruption Prevention Panel (CCPP)

  1. 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;
  2. To advise the Commission, in enhancing the effectiveness of public education activities towards increasing the awareness on corruption and support on anti-corruption efforts;
  3. 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;
  4. To advise the Commission on some of the best practices in the fields related to the implementation of consultation and anti-corruption activities;
  5. 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 
  6. 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.
Operations Review Panel (ORP)
  1. To receive and seek clarification regarding statistics of Investigation Papers opened by the Commission;
  2. To receive and scrutinise reports from the Commission regarding Investigation Papers exceeding 12 months of investigation;
  3. To receive report from the Commission regarding all cases where suspects arrested are released on bail bond by the Commission exceeding six months;
  4. To receive reports on closure of Investigation Papers and to advise:
    1. on improving investigations due to weaknesses;
    2. on reviewing whether further investigation is required; and
  5. To scrutinise, examine and endorse proposals to enhance the Commission’s investigation operations to the Anti-Corruption Advisory Board.