THE need for a new law dealing with economic saboteurs, corruption and misconduct at the top level has generated mixed views from constitutional and criminal lawyers.

Criminal lawyer Rajsurian Pillai said the government need not wait until new legislation was enacted to deal with such cases.

“A multitude of laws are already in place to deal with such issues.

“Cheating and criminal breach of trust are covered by the Penal Code, and multiple types of corruption are covered by the Malaysian Anti-Corruption Commission Act,” he told The Malaysian Insight.

National Centre for Governance, Integrity and Anti-Corruption (GIACC) chief Abu Kassim Mohamed on Saturday said many Bumiputera businessmen had lost out due to high-level corruption and misconduct.

He said the government must enact a new law to punish economic saboteurs, to put a stop to Bumiputera businessmen regressing due to the greed of a powerful few.

He said policies to uplift Bumiputeras had failed as a result of cronyism, so-called “Ali Baba” contracts and monopoly on tenders, to name a few.

Rajsurian said these cases had been rampant for a long time.

“It has more to do with the lack of will to do anything about it. Investigations and laws are already in place. The problem is that the authorities lack the will to enforce these laws.”

He said it was now “normal” to have elements of corruption in business.

“If Abu Kassim is talking about specific laws in regard to those who abuse the rights and privileges accorded to them, then, I have no comment.

“My opinions is, there is no need to wait for new laws to take action.”

Constitutional lawyer Surandra Ananth said the GIACC chief got it right in terms of identifying the issues that must be tackled.

“Although it cuts across all races and projects, I think the heart of the problem has to do with the independence of investigative authorities, in this case, MACC.

“There is no doubt there are problems with existing laws, but many suspects can be investigated and prosecuted under them.”

He said the practice of having the MACC chief appointed by the Yang di-Pertuan Agong on the advice of the prime minister must change.

“MACC must be made independent from the executive, and its chief must be appointed by an independent body.

“This will ensure that MACC can investigate public officials without fear of persecution. This must be the priority.”

Surandra said for this to happen, certain laws must be amended and introduced.

“One of the main things that must be done is to make public asset declaration mandatory for certain public officers.

“This will enable MACC to ensure that key public officers are not misusing public funds for personal gain.”

Constitutional lawyer Lim Wei Jiet said the key to maximum and meaningful Bumiputera involvement in the economy was getting rid of “Ali Baba” partnerships and sub-contracting.

“The proliferation of such practices has led to deteriorating competitiveness and encouraged cronyism. Worse still, it has resulted in the shoddy quality of public facilities, posing a danger to the public.

“Thus, Abu Kassim’s call for new laws to be enacted, and Economic Affairs Minister Mohamed Azmin Ali’s call for an Economic Sabotage Act to prevent this deep-rooted problem from persisting.”

He said legislation to combat “Ali Baba” partnerships and sub-contracting must contain strategic elements.

“The act must facilitate transparency in the entire government procurement process.

“There must be stiff penalties for those who violate the act, including blacklisting directors and partners from further government contracts, and jail sentences.

“In the UK, the US and the European Union, these are serious offences as they involve the abuse of precious public funds.” – September 3, 2018.