Observers say MACC, SC ‘civil war’ erodes public trust


Ravin Palanisamy Alfian Z.M. Tahir

The civil war between the Malaysian Anti-Corruption Commission and Securities Commission is eroding public confidence in the government, observers say. – The Malaysian Insight file pic, January 16, 2022.

SOCIAL media attacks and multiple probes into allegations against top regulators and the federal anti-graft chief have become a civil war in the civil service, eroding further trust in the government, observers said.

They said those involved should go on leave until authorities investigate the matter, which was first brought up in social media and now the talk of the town especially in political circles. 

Malaysian Anti-Corruption Commission (MACC) chief commissioner Azam Baki came under fire over share ownership, which he later claimed was bought by his brother using his personal account. That led to the Securities Commission (SC) announcing a probe that later sparked claims the regulator’s top bosses were also involved in questionable dealings. 

“The public’s confidence towards the MACC and SC will erode if the two continue to go at each other,” said MP and Parliamentary Special Select Committee member William Leong.

Leong, a lawyer, is Selayang MP and also sits on the eight-member committee on agencies under the Prime Minister’s Department.

“I think it is very tragic and sad the two bodies we have put so much faith and trust in have turned this into a battle of warlords.

MACC is set to investigate the SC after a report was lodged with the former alleging corrupt practices among key senior SC officials.

This came on the heels of SC’s announcement that it would question Azam over his ownership of corporate shares and possible breach of regulations, since he admitted that his brother, Nasir, had used his shares trading account.

After the SC said it would question Azam, a group calling itself Rakyat Malaysia Prihatin lodged a report with MACC alleging three cases of corrupt practices among the regulator’s senior officials.

The first involved a SC top management member’s son, who holds the highest position in a company investigated by the SC; the second a conflict-of-interest issue; and the third high-ranking officials who allegedly accepted bribes for turning a blind eye to probes into public companies that committed trading offences.

The civil war has also gotten the attention of former chairman of MACC Corruption Prevention Panel and former Treasury deputy secretary-general Ramon Navaratnam who said the two institutions, because of their pivotal positions, will have a very damaging effect on the whole public service and erosion of public confidence.

“These are two institutions that had a very high standard of integrity in the past but with the deterioration in good governance – system-wise, government-wise – these two institutions have been affected.

“This is highly regrettable because it strikes a strong hard-blow against public confidence in the two top institutions. They are committed or should be committed to integrity, good governance and fair play. 

“If these two institutions are subject to suspicion (of corrupt practices), and need investigation, then let it take its course. Otherwise, public confidence will go down further,” he said. 

Ramon said a joint parliamentary committee is a good idea, with many civil society groups and people outside government pushing for it. 

He agreed with Rais Yatim, who asked Azam to go on leave. Rais chairs the special committee on corruption.

“I hope the government accepts it and moves fast. The slower the action taken, the greater the drop in confidence of the public,” Ramon added.

Centre to Combat Corruption and Cronyism director Cynthia Gabriel said this was the very reason why the anti-graft body has been repeatedly calling for a high-level probe led by Prime Minister Ismail Sabri Yaakob with independent members not linked to MACC.

“We hope he (Ismail) will heed the call to also direct Azam to go on leave while the probe goes on,” she said.

Meanwhile, observers such as Syahredzan Johan, a lawyer and political secretary to DAP veteran Lim Kit Siang, are seeing the recent emergence of new Twitter accounts in support of Azam.

These accounts retweet tweets by one another, with content focused on attacking DAP and its secretary-general Lim Guan Eng.

For Rasuah Busters’ Halim Ishak, the civil war needs a solution before it gets out of control.

“It seems odd when one is probing the other and suddenly they too get investigated. Something is not right.

“The government needs to act fast, if not the public will lose confidence. The issue concerning Azam is a serious matter. We are not saying he is guilty but to ensure fairness he should allow relevant parties to investigate,” he said.

Selayang MP and Parliamentary Special Select Committee member William Leong says Azam Baki should appear at the committee hearing scheduled for Wednesday, to clear himself and to explain to the public. – The Malaysian Insight file pic, January 16, 2022.

Azam must face select committee

Leong said since reports have now been lodged against the top officials of both MACC and SC, only a comprehensive and transparent investigation can clear their names and restore the public’s confidence in them.

“If anyone is to be brought to book, they must go through the process. But this matter is very disappointing to the public,” he added.

Leong also said that Azam, given his high position, should appear at the meeting of the select committee on agencies under the Prime Minister’s Department scheduled for Wednesday.

“I think that a person in his position should be upholding the principles of integrity and would welcome a committee hearing to give him the opportunity to clear himself, to explain to the public.

“This is what the public is waiting for. I would expect him to welcome the opportunity,” Leong said.

Emir Research chief executive officer Rais Husin Mohamed Arif said something is definitely not right, making it imperative for the government to act sternly by forming a body to probe MACC as well as SC.

“Get an independent commission to investigate both. That way it will ensure impartiality. Get good and knowledgeable individuals with high integrity in the independent commission,” said Rais.

Meanwhile, Dr Sharifah Munirah Alatas of Gerak said what is happening between MACC and the SC see the deterioration of the moral quality of the civil service.

She added that the accusations between MACC and SC prove the prevalence of systemic corruption in Malaysia.

“When one agency has to cover its tracks, at all costs, it will fling accusations at the very agency that is supposed to investigate it.

“And if the SC has its own collection of skeletons in its closet, they too, will fling accusations in return.

“Ultimately, probing and investigation of one another becomes meaningless. And who suffers? The Malaysian public suffers because we are observing the rule of law, and procedural regulations disintegrate right in front of our eyes,” said Munirah.

Veteran DAP lawmaker Lim Kit Siang also urged Azam to appear voluntarily before the select committee.

MACC, SC’s timeline of events

October 26, 2021:

An article written by independent journalist and activist Lalitha Kunaratnam, and published on the Independent News Service website, raises the issue of Azam’s corporate shares ownership and his business ties through family members. Part two of the article is also published.

December 14, 2021:

PKR’s Sungai Buloh MP Sivarasa Rasiah raises the issue of Azam’s alleged ownership of millions of shares in the Dewan Rakyat, asking if the chief commissioner had declared them, and urges an investigation.

December 27, 2021:

Prominent political economist and academician Dr Edmund Terence Gomez quits as a member of the MACC’s Consultation and Corruption Prevention Panel over its failure to act on the allegations against Azam.

Gomez also revealed he had raised the matter with the panel’s chairman Borhan Dolah, and also with MACC’s Anti-Corruption Advisory Board chairman Abu Zahar Ujang since early November in several emails, asking for a meeting to be convened. He also sent emails attaching evidence of the allegation.

Gomez said no meeting was held to discuss the issue.

January 1, 2022:

Abu Zahar says he never received any of Gomez’s emails about Azam’s alleged misconduct. He chides Gomez for taking the matter to the press and tells him to lodge a police report.

January 5, 2022:

Abu Zahar holds a press conference in which he says the board had called Azam for a meeting on November 24, 2021, and was satisfied with the chief commissioner’s explanation.

As such, Abu Zahar said Azam had done nothing wrong regarding the shares, which according to Azam’s explanation, were purchased by his brother Nasir using his Azam’s trading account. Azam also said he declared the purchase to his superiors at the time, and his superiors never raised any concerns. The shares were also transferred to his brother later.

As such, he said he had done nothing wrong.

January 6, 2022:

The SC says it will investigate Azam after his claim his brother used his trading account to purchase shares.

Meanwhile, Azam on this date, sends a letter of demand through his lawyers to Lalitha over her two-part article, demanding an apology and RM10 million.

January 8, 2022:

Six MACC advisory board members distance themselves from Abu Zahar’s position at the January 5 press conference. They state that they do not share Abu Zahar’s opinion that Azam was innocent of wrongdoing.

The board members are Ismail Omar, Azman Ujang, Akhbar Satar, Hamzah Kassim, David Chua Kok Tee, and Prof Mohammad Agus Yusoff.

January 9, 2022:

Azam says he will cooperate with SC in its probe.

January 10, 2022:

A group describing themselves as concerned citizens named Rakyat Malaysia Prihatin lodges a report with MACC, alleging three cases of corrupt practices among senior officials of the SC.

January 11, 2022:

MACC confirms to the media it has received the report lodged by the group against SC officials, and will review the complaint before proceeding with investigations.

The same day, Abu Zahar says the six other board members issued their statement distancing themselves from him without his knowledge.

Abu Zahar also admits that the board does not have any power to “clear” MACC officers or to investigate misconduct, and he also blamed the media for misreporting his remarks at the January 5 press conference.

On this date, Dewan Rakyat secretary Nizam Mydin Bacha issues a notice that a select committee hearing has been called for January 19. On the agenda is Azam’s shares ownership.

January 12, 2022:

Azam digs in, saying he will not resign as only the Yang di-Pertuan Agong can terminate his service. – January 16, 2022.


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Comments


  • To summarize the above article, MACC's Azam was in deep shit but Sabri et al didn't want to know anything. BUT the SC did not want to play ball and announced they will investigate. Then MACC did what every 2-bit criminal will do; threaten the opposition (SC). Now both the crooks are fighting in the open while the political godfathers are crouching silently and hoping the whole thing will blow over before the next elections!

    Posted 2 years ago by Simple Sulaiman · Reply