It is NOT about Hannah Yeoh's husband's company getting a contract from the Selangor government under Pakatan Harapan - It is about OPEN TENDER - which was a 'promise' and no more direct awarding of a government contract.
The open tender system will reduce political interference, lobbying, nepotism and cronyism. It will also reduce opportunities for corruption, said former treasury secretary-general Tan Sri Sheriff Kassim.
He was commenting on Prime Minister Datuk Seri Anwar Ibrahim’s (pix) recent instruction to civil servants that approval for government procurement can no longer be given without a tender process.
Anwar said his government will not allow leakages or corruption to continue in the country, and that to ensure corruption will not take place, the approval and procurement process without a tender should no longer be allowed.
Sheriff said the open tender system has always been a part of the Finance Ministry’s regulations.
As it is more transparent, bidding for a project will be more competitive and bidders will try to give the best possible price.
When any company is awarded a contract without going to an OPEN TENDER process, doubts arise whether there was some hanky panky... was the contract wrongly given to a 'connected' company...
We remember Pakatan Harapan and Anwar Ibrahim's commitment that the government will from now practice OPEN TENDER, and mind you that Selangor is a Pakatan Harapan governed state.
The open tender system will reduce political interference, lobbying, nepotism and cronyism. It will also reduce opportunities for corruption, said former treasury secretary-general Tan Sri Sheriff Kassim.He was commenting on Prime Minister Datuk Seri Anwar Ibrahim’s (pix) recent instruction to civil servants that approval for government procurement can no longer be given without a tender process.
Anwar said his government will not allow leakages or corruption to continue in the country, and that to ensure corruption will not take place, the approval and procurement process without a tender should no longer be allowed.
Hence, it was ODD for Anwar to come out and say
Prime Minister Anwar Ibrahim says an investigation can be conducted into the award of a transport-related project to a startup linked to a minister’s husband if a report has been lodged. Anwar said the matter should then be handled transparently by the authorities.
Anwar misses the point yet again... Whether report made or not, it is already an issue, and the relevant law enforcement can make the report without waiting for 3rd parties to make a report, and investigate the matter. But without a clear law on OPEN TENDER, existing law may be insufficient. ENACT a law on OPEN TENDER now.
What we needed from Anwar was a CONFIRMATION that the project was awarded to the said company after an OPEN TENDER process, that is all. He needed to say that there was an OPEN TENDER - where any company could submit their proposal, and that after vetting and selection process carried out professionally, the said company or companies were awarded the contract. How many companies applied for the project?
SECOND ISSUE - Was the tender exercise CLEAN and focused on the ability or capacity of the company to carry out the project, without any consideration to 'political connections' or any other irrelevant factors? Was there any '...political interference, lobbying, nepotism and cronyism..' in the process?
But the problem here is that there is still NO CLEAR LAW requiring an OPEN TENDER process - to date it is merely POLICY, and that is not enough. We need a LAW to put that makes it MANDATORY that all government projects should be by way of an OPEN TENDER - no more government pick and choose to award to this and that company.
The law must stipulate the PROCESS for OPEN TENDERS = and, it must specifically criminalize political interference, lobbying, nepotism and cronyism...in the tender process.
THIRD ISSUE - Which companies ought to be disqualified in participating in tender exercises for government projects? Should companies owned or with links to Cabinet Members of the State/Federal Government or party leaders/MPs of parties in government be disqualified in trying to get government projects? Is there a requirement that such companies with such links be required to DISCLOSE this fact when they apply for government projects? Should such persons with links to these companies EXCLUDE themselves from the selection process? Should party leaders and party members of persons with links EXCLUDE themselves from the selection and awarding process.
NEXT ISSUE - Who MONITORS to ensure that the entire TENDER PROCESS and SELECTION was clean? For the Federal Government, it should best be a Parliamentary Select Committee - where people with issues/complains/suspicions can also directly send them to such Committee. Likewise, for State Projects, there should be a similar committee in the State Legislative Assembly.
What else? There have been talk about an OMBUDSMAN - and maybe this can also be the role of the Ombudsman, who must be INDEPENDENT of the government with the powers to investigate and prosecute with regards matters concerning government projects and activities.
Sarawak beat the Federal Government - and recently the the Minister said that the Bill will be tabled in October.
Sarawak will be the first state in Malaysia to set up an ombudsman institution to provide independent oversight of the state's public service agencies.
This comes after the Sarawak Legislative Assembly unanimously approved the Sarawak Ombudsman Bill on Monday (Nov 20).
Deputy Premier Datuk Amar Awang Tengah Ali Hasan said establishing the ombudsman elevates the accountability standards in public administration and provides measures against maladministration by state public service agencies.
He said the Bill would enhance transparency and accountability in government agencies by allowing the public to report maladministration to the ombudsman. - Star, 20/11/2023
For Malaysia,
On Monday, the Legal Affairs Division of the Prime Minister's Department said a law and institutional reforms committee would refine details about the structure and functions of Ombudsman Malaysia, as well as a proposed centralised agency for whistleblower protection.
The proposals would be submitted to the cabinet, and enabling bills would be tabled in the parliamentary session in October. - NST, 1/5/2024
MACC(Malaysian Anti-Corruption Commission) should never have come out too quickly and say that there was no wrongdoing - Under what law did they even investigate. Normally, law enforcement will tell us that they are investigating under what law. So, Azam Baki need to elaborate - what law were they investigating under.
In the past, MACC had allegedly vetted candidates before elections - How many of those 'cleared' of corruption have been since charged, tried and convicted. MACC should be INDEPENDENT and focus on law enforcement, and not allowed itself to be used by political parties to prematurely declare 'candidates' or even cases clean and crime-free.
Asyraf Rasid /theSun PETALING JAYA: The open tender system will reduce political interference, lobbying, nepotism and cronyism. It will also reduce opportunities for corruption, said former treasury secretary-general Tan Sri Sheriff Kassim.
He was commenting on Prime Minister Datuk Seri Anwar Ibrahim’s (pix) recent instruction to civil servants that approval for government procurement can no longer be given without a tender process.
Anwar said his government will not allow leakages or corruption to continue in the country, and that to ensure corruption will not take place, the approval and procurement process without a tender should no longer be allowed.
Sheriff said the open tender system has always been a part of the Finance Ministry’s regulations.
As it is more transparent, bidding for a project will be more competitive and bidders will try to give the best possible price.
“The treasury will make its cost estimate before the tender is open. If the bidding price is too low, it might not be a practical offer, therefore the treasury studies all open tender bids carefully before awarding the contract,” he said, adding that having open tenders do not mean corruption will be eliminated but it will be reduced.
Sherrif said in certain cases it might not be practical to have open tenders, for example when it involves military projects or there might be only one supplier for the product.
He said ministries are not allowed to depart from the standard practice of having an open tender, they have to give the reason as to why they want to hold direct negotiations with a contractor.
If they want to avoid the open tender system, the reason must be justified, he said.
Deputy Finance Minister Datuk Seri Ahmad Maslan said on Wednesday the implementation of an open tender policy would lead to cost reduction for the government while boosting national income.
Economist Tan Sri Ramon Navaratnam said the open tender system is best if it is done in a transparent and accountable manner. In a closed system those involved can get “a few friends” to bid for the tender before it is awarded to one of them.
“In an open bidding system, there is a set number of pre-qualifiers, such as capability and track record. The whole process is very strict and the bids cannot be shared with others, or the process will be corrupted.
“If done well, the system will reduce leakages and save money for the government, but if controls are lax, then leakages will become a problem. The possibility of corruption exists if those involved in the open tender are in cahoots with the bidders,” said the former deputy treasury secretary-general and Transport Ministry secretary-general.
Ramon also said the lowest tender bid might not be best because the winner may not be able to deliver the project or meet the required quality.
“Before a bid is awarded in an open tender system, all bidders must be carefully scrutinised to ensure the winner can deliver. Failure to deliver even in an open system will cause the government to lose money.”
Authorities must probe DRT contract if reports made, says Anwar
Published on 28 May 2024 3:06:33 PM
When met after launching the Global Forum on Islamic Economics and Finance (GFIEF) on Tuesday (May 28), the Prime Minister emphasised that any investigation on the matter involving the state government contract awarded to Asia Mobility Technologies Sdn Bhd, founded by Yeoh’s husband, must be transparent. - Star, 28/5/2024
Interim probe into contract awarded to company linked to Hannah Yeoh’s spouse found no wrongdoing - Azam Baki
MACC Chief Commissioner Tan Sri Azam Baki - BERNAMApix PUTRAJAYA: The Malaysian Anti-Corruption Commission (MACC) has clarified that it conducted an interim investigation into the awarding of the Demand Responsive Transit (DRT) pilot project contract by the Selangor government to the company owned by Youth and Sports Minister Hannah Yeoh’s husband and found no wrongdoing.
MACC Chief Commissioner Tan Sri Azam Baki said as the interim investigation revealed no misconduct, the commission decided there was no case to pursue, adding that continued media coverage of the issue could have adverse effects on both parties involved.
“If a politician claims there is a moral issue in this case, that is up to them. I am not a politician or a motivational expert to comment on such matters,“ he said during the Executive Talk Editor Media Online programme today.
Yesterday, after Azam said that the MACC found no link between Hannah and the contract award, some politicians criticised him, suggesting there could have been elements of power abuse overlooked by the MACC.
Asia Mobility Technologies Sdn Bhd, owned by Hannah’s husband, is one of the two companies selected for the DRT pilot project, a state government initiative to improve public transportation services and mobility in Selangor.
When asked about Prime Minister Datuk Seri Anwar Ibrahim’s statement leaving it to the authorities to investigate the contract award issue, Azam said he would personally explain the case to the Prime Minister.
“As
the Prime Minister said, let the authorities handle this. You have
frequently asked about this matter and questioned him about it. This is
not a directive from the Prime Minister, and any subsequent
investigation is up to the MACC as the authority,“ he said. - The Sun, 28/5/2024
Sarawak to set up Malaysia’s first ombudsman institution
By SHARON LING Sabah & Sarawak
Monday, 20 Nov 2023 7:57 PM MYT
KUCHING: Sarawak will be the first state in Malaysia to set up an ombudsman institution to provide independent oversight of the state's public service agencies.
This comes after the Sarawak Legislative Assembly unanimously approved the Sarawak Ombudsman Bill on Monday (Nov 20).
Deputy Premier Datuk Amar Awang Tengah Ali Hasan said establishing the ombudsman elevates the accountability standards in public administration and provides measures against maladministration by state public service agencies.
He said the Bill would enhance transparency and accountability in government agencies by allowing the public to report maladministration to the ombudsman.
"The ombudsman will ensure check-and-balance elements are in place and will enable the government to improve its public delivery systems and procedures.
"This will lead to a better administration and increase public trust and respect in the government," he said when tabling the Bill.
Awang Tengah said the Sarawak ombudsman would comprise a chief ombudsman, deputy chief, and three to five other ombudsmen to be appointed by the Yang di-Pertua Negeri for a three-year term, with the possibility of reappointment.
He said the ombudsman would be empowered to investigate complaints and to form an investigation committee if necessary.
"Notwithstanding any complaint, the ombudsman may initiate any action on its own if it thinks it is necessary in the rakyat's interests," he said.
In addition, the Bill made it an offence to give false information to the ombudsman intentionally, fail to appear upon receiving notice, exercise improper influence, obstruct the ombudsman in carrying out its duties, commit contempt towards the ombudsman, and make misrepresentation.
It proposed penalties of fines from RM10,000 to RM50,000 and imprisonment of six months to three years for the offences.
In addition, the Bill required the ombudsman to submit reports to the Sarawak Legislative Assembly on its activities and the result of any enquiries, including findings, recommendations and opinions.
"This ensures that the ombudsman's findings are transparent and accessible to the public, and this august House has oversight over the performance of the ombudsman and the actions or activities undertaken by him in pursuance of the provisions of the new law," Awang Tengah said.
"It portrays the independence of the ombudsman’s institution, which is free from any interference, whether political or otherwise."
To an issue raised by Chong Chieng Jen (DAP-Padungan) when debating the Bill, Awang Tengah said government-linked companies (GLCs) were not left out from the application of the law.
"The definition of public service agency under clause 2 of the Bill is all-encompassing," he said.
Chong had asked whether GLCs were subject to investigation and scrutiny by the ombudsman. - Star, 20/11/2023
Make sure Ombudsman Malaysia is formed this year, says Lam Thye
KUALA LUMPUR: The Ombudsman Malaysia watchdog, which has been talked about for decades, should finally see the light of day this year, says a social activist.
The idea first came up in the 1970s, said Alliance for a Safe Community chairman Tan Sri Lee Lam Thye.
In 2018, the then prime minister Tun Dr Mahathir Mohamad announced that the Public Complaints Bureau would be known and function as Ombudsman Malaysia.
Dr Mahathir said legislation would be drafted for this purpose.
On Monday, the Legal Affairs Division of the Prime Minister's Department said a law and institutional reforms committee would refine details about the structure and functions of Ombudsman Malaysia, as well as a proposed centralised agency for whistleblower protection.
The proposals would be submitted to the cabinet, and enabling bills would be tabled in the parliamentary session in October.
Lee said the time has come for the government to set up this all-encompassing system to address public grievances against authorities.
The statement by the Legal Affairs Division about gathering feedback from stakeholders, such as government bodies, non-governmental organisations and civil society groups is a step in the right direction, he said.
"I hope the bill can be sorted out and tabled in Parliament this year.
"Having the Public Complaints Bureau alone is insufficient and it's not working out well," he said.- NST, 1/5/2024
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