The problems in the MACC goes beyond Azam Baki, and to ignore the other problems is foolish. What actions should be taken against Rais Yatim, Borhan Dolah, Abu Zahar and/or members of the MACC Special Committee on Corruptions, MACC Advisory Board and the MACC Consultation and Corruption Prevention Panel? Should the PM sack them all, and put in new Bersih, Cekap Amanah people?
The MACC Act created several check and balance bodies, and it has been highlighted that these bodies may have failed to do their duties > hence leading to the necessity of the problems to get highlighted by a journalist, others and the 'resignation' of one of the members of these check and balance bodies.
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.
Note that the Complaints Committee has also the specific duty of '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.. PROBLEM - we have yet to hear anything from this Committee on Azam Baki's matter yet.
Special Committee on
Corruption (SCC) -
The problem may be with the appointed Chairmans - who failed to act correctly, and the fault seems to be as a result of the action/chairpersons of these Chairmans who failed to act as a Board, Panel or Committee in deciding not call for a meeting of the Panel/Board they chair.
FIRST - Borhan Dolah, chairman of the MACC's Consultation and Corruption Prevention PanelConsultation and Corruption Prevention Panel (CCPP)
My reason for submitting this resignation is my grave concern that you, as chairman of the Consultation and Corruption Prevention Panel, have not convened a meeting to discuss a critical issue of national interest that I had brought to your attention one month ago...I wrote to you on 12 November 2021 asking that you convene a meeting... Two weeks later, on 26 November, I wrote to you again, this time attaching more information that I had received about the business links of Tan Sri Azam’s family...I also brought to your attention an editorial in the Independent News Service, that its website had been hacked after its reports on the MACC were published...On 14 December 2021, a month after I first brought this matter to your attention, I wrote once more to you. I mentioned that I had not received your response to my second latter, on 26 November, in spite of the urgent matter at hand that we, the members of the Consultation and Corruption Prevention Panel, had to discuss. I then stated that if I did not hear from you that I would have to submit my resignation - Terence Gomez [See that letter in full at Azam Baki (innocent until proven guilty) but suitability to remain MACC chief??? Terence (MACC Panel member) 'quits'. Terence Gomez then tenders his resignation
Abu Zahar bin Dato’ Nika Ujang, chairman of the MACC’s Anti-Corruption Advisory Board
As you are aware, I have written on this matter to Tan Sri Abu Zahar bin Dato’ Nika Ujang, chairman of the MACC’s Anti-Corruption Advisory Board. I have now written to Tan Sri Abu Zahar on three occasions, providing him with the same information that I sent you. I have proposed to Tan Sri Abu Zahar that I attend the meeting of the Advisory Board to present these reports to its members. Tan Sri Abu Zahar has not responded to my letters. - Terence Gomez's letter.
I am also extremely disappointed that the Advisory Board has not met to discuss this matter, even after it was brought up in Parliament on 14 December 2021 and widely reported in the media. - Terence Gomez
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 [Tan Sri Abu Zahar Ujang, MACC Advisory Board Chairman] saying otherwise during a recent press conference. - Six MACC advisory board members distance themselves from Abu Zahar's 'no conflict of interest' statement(Star 8/1/2022)
RAIS YATIM - the Chairman of MACC's Special Committee on Corruption made up 100% Parliamentarians. This maybe the MOST POWERFUL of the check and balance structures, as they monitor MACC and even the MACC Advisory Board, and is duty bound to advice the Prime Minister on any aspect of corruption.
Question :- This problem arises end of October with the media reports, then MPs speak out > Did Rais Yatim call for a meeting of this Special Committee at the earliest stage? Did this Committee investigate matters and advice the Prime Minister as to what is to be done? Have they even submitted the 2021 Report to PM, who then may be presented to Parliament?
Question :- Did this Committee even looking at 'ineffective' operations of the MACC, and its various other Boards, Panels, Committee, etc? Did it advice of the failure of Borhan to call for a meeting of the Panel he chairs? Did it highlight the wrongdoings of Borhan for failing to call for a Panel meeting, despite a request from a panel member? Did it highlight that it is the Boards or Panels or Committees that make DECISIONS - and not the appointed Chairman unilaterally?
Maybe Rais Yatim is too busy as Speaker of Senate, to also be doing his job as the Chairman of Special Committee
If this Committee has failed to function effectively according to MACC Act - then, is not Rais Yatim to be blamed. We have seen several news report in recent days - but it is uncertain whether Rais Yatim is expressing his PERSONAL views, of the decided views of the Special Committee on Corruption, a statutory body created by an Act of Parliament?
Media Reports can be misleading = so better always that there is an official statement on the official website, which all of us can check - for example, was the statement of Rais Yatim simply him expressing his personal view, and not the view of the Special Committee on Corruption - or really the view of the Committee? We cannot always expect the bravery of committee members as shown by them in the Advisory Board when the spoke out their disagreement with what their Chairman said...can we???
See earlier relevant post:-
Azam Baki - Termination in the Public Interest? Suspension pending Investigation? Result of police, MACC, LHDN investigation? Disciplinary Committee?
Know the misconducts so we can monitor police and public officers - PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993- full text of this Regulations for your viewing pleasure
MACC under Parliament purview - Already is, and Parliament failed to act? Did Parliament fail/procrastinate in the MACC issue?
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?
Malaysian Anti-Corruption 'problems', 5 check and blance mechanisms, silence of the Parliamentarians' Special Committee on Corruption?
Hiding identity using others' share trading account, bank account? The Azam Baki case raises concerns
Did the SC just say OK for others to 'secretly' buy shares under the name of others when they suggested 'innocence' of Azam Baki?
Six MACC advisory board members distance themselves from Abu Zahar's 'no conflict of interest' statement
- Nation
-
Saturday, 08 Jan 2022
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
Rais Yatim also said the issue of Azam Baki owning shares may just be a case of ‘misconduct’ rather than a ‘criminal act’. PETALING JAYA: Malaysian Anti-Corruption Commission (MACC) chief Azam Baki should go on garden leave while investigations into his ownership of corporate shares are ongoing, Dewan Negara speaker Rais Yatim said today.
“It’s up to the public service department (JPA) to take action and decide,” he said.
“However, there have been cases involving higher-ranking officials who did not go on leave while investigations into them were ongoing.”
He stated that the government had issued circulars in 1993 and 2002 forbidding civil servants from purchasing shares worth more than RM100,000.
As such, Rais said Azam’s case may just be a “misconduct” rather than a “criminal act”.
There have been repeated calls from several quarters for Azam to resign in light of the recent revelation of his alleged extensive ownership of shares in a public-listed company.
However, at a special press conference last week, Azam denied any wrongdoing and said his brother used his trading account to acquire the shares.
Police have confirmed that a report had been filed against Azam, and that the Securities Commission (SC) was also investigating the case.- FMT, 14/1/2022
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