WE need to take serious and drastic action against corruption and power abuse, especially amid elections of any kind. Stakeholders must not be allowed offer any form or promise of assistances or benefits to the voters.
 

Strict measures must be taken to gain public trust. If there is a plan to for aid, it should be announced before an election is called or after polling ends.

Stern action must be taken against those who break the rules, regardless of whether they are the government or opposition. 

The Malaysian Anti-Corruption Commission (MACC) and the Election Commission of Malaysia (EC) must take heed. 

To be frank, it is tough to eradicate corruption and power abuse in the country. This is primarily due to a lack of understanding and clarity over the definition of corruption and power abuse. It’s strange that  assistances and funding should appear each time there is an election. It has been this way for many years, so much so that people perceive this to be the norm rather than a crime. 

The MACC and EC must take drastic action to deal with the issue. There are many questions that need answers from the two agencies. Does the giving of funds to the seat or its voters constitute corruption and power abuse? The MACC and the EC must to give a straightforward “yes” or “no” to this question.

According to the MACC, corruption is the act of giving or receiving of any gratification or reward in the form of cash or in-kind of high value for performing a task in relation to his or her job description. Besides cash, corruption can also take shape in the form of gifts in-kind, discount offers, votes, services, job position or placement, loan and many other forms of payment for payments and purchases. Section 3 of the MACC 2009 (Act 694) states that gratification means (a) money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage; (b) any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a  disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (g) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f). There are four main offences for corruption stipulated under the law, namely soliciting or receiving gratification (bribe) (Section 16 & 17(a) MACC Act 2009), offering or giving gratification (Bribe) (Section 17(b) MACC Act 2009), intending to deceive (false claim) (Section 18 MACC Act 2009), and using office or position for gratification (bribe) (abuse of power or position) (Section 23 MACC Act 2009). The general penalty for any corruption related offences is maximum 20 years’ imprisonment and a minimum fine of RM10,000 or five times the value of the bribe, whichever is higher (Section 24 MACC Act 2009).

As the anti-corruption agency, the MACC must play active role to deal with such issue. The MACC must oversee elections and warn the leadership and politicians against corruption and power abuse in any form. Action must immediately be taken against the offender, regardless of their rank and position. The agency must also monitor social media platforms to for any illegal activity conducted by election candidates.

If we are serious about stopping corruption and power abuse, each one of us must play our role by immediately reporting suspicious activities to the MACC or to police. – April 23, 2024.

* Muzaffar Syah Mallow reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.