Amend Act to make MACC independent, Ideas urges Putrajaya

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SHAH ALAM - The Institute for Democracy and Economic Affairs (Ideas) has called for an amendment to the Malaysian Anti Corruption Commission (MACC) Act to turn graft busters into an independent enforcement agency.

Ideas chief executive officer Tricia Yeoh said the amendment was vital towards ensuring the MACC possessed the autonomy to operate independently, free from interference from executive bodies.

"MACC needs to report to the Parliament and not to the Prime Minister's Department," she said.

"If the Act was amended, MACC needs to be granted the authority to hire and fire its own staff. The current problem is there are officers appointed by the Public Service Department (JPA) which is not independent," she revealed.

Tricia said such reforms should not be limited to the MACC, stating that separation of power is also required between the Attorney General and the Public Prosecutor.

"Since MACC has no authority to make a conviction, the Attorney General's Chambers has the final say. In terms of the MACC commissioner's appointment, there needs to be a special committee such as the parliamentary select committee which can ensure that the appointment is done more independently," she added.

Meanwhile, Policy and Economic Affairs Centre of Malaysia Foundation (Peace) chief executive officer Dr Zokhri Idris reiterated a pointer from the Transparency International-Malaysia (TI-M) on MACC.

"All this while, MACC was put under the Prime Minister's Department. If we could instead place it under the Parliament, MACC's image or reputation can be uplifted as it will not be subject to any individual or department, but instead is answerable to the Parliament," he suggested.

Dr Zokhri brought up the public's perception as to whether there was selective prosecution towards certain individuals by the order of some figures or whether it depended on the validity of each case.

"Whether MACC decided to or not to prosecute a person, there needs to be a justification. Only then, the people's confidence can be obtained. Hence, I think it's important for MACC to make a procedure or justification," he highlighted.

Dr Zokhri also emphasised on the need for MACC board members to consider other civil societies such as Centre to Combat Corruption and Cronyism (C4) and TI-M as to get more citizens involved in monitoring MACC board members. "While it is under the government, we do not want it to be entirely composed of only government servants. Instead, let there be some civic participation from the people. Another thing is if we take a look at MACC board members, they are those who already have positions or titles in the government and former government servants," he noted.

Realising that there were not as many civil society nor policymakers within the commission, Dr Zokhri expressed his hope for more variations as well as representation of gender and race.

"These are the things that could give the people a new fresh perception whereby MACC is dynamic and not just consists of Datuk or Tan Sri's only as it becomes more inclusive."