Special panel proposes amending MACC Act 2009
BernamaPublished: Jan 17, 2013 12:13 PM | Updated: Jan 17, 2013 1:32 PM
The Special Committee on Corruption (JKMR) has proposed that Sections 23 and 36 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 be amended to strengthen enforcement on corruption offences.
The Special Committee on Corruption (JKMR) has proposed that Sections 23 and 36 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 be amended to strengthen enforcement on corruption offences.
JKMR chairman Radzi Sheikh Ahmad said the committee had suggested that the government amend the provisions in Section 36 to enable MACC to investigate the ownership of properties by a person suspected of being involved in corruption.
He said currently, MACC had no power to request a person to make such a declaration without initiating a corruption probe on the individual involved.
"This is a weakness which could be conveyed to the government as to how the legislation was strengthened in Hong Kong for the enforcement officer to issue a notice of property declaration, without the need of an investigation.
"The regulation compels him to answer the notice, failing which, he could be penalised. Thus, it's time to give the MACC more investigation powers as the existing legislations do not help MACC," he said at a media conference in the Parliament lobby at Kuala Lumpur yesterday.
On Section 23, Radzi said JKMR urged the government to find the best mechanism to fight the awarding of contracts, tenders and procurements by a member of the administration to his nearest family member.
"Section 23 relates that a civil servant cannot abuse his power and position as MB or minister to obtain gratification.
"A civil servant chairing a meeting which makes a decision leading to his family reaping profits from it, is considered a form of corruption, and we suggest for an independent committee to redress the weakness in Section 23," he said.
He said there was also no special legislative provision on corporate liability, which caused business organisations to escape charges and punishment even after the crime of corruption was carried out by an employee for the benefit of the company.
Radzi said, without corporate liability, only the particular individuals in the company would face charges and punishment, whereas the company will not be affected.
- Bernama
JKMR chairman Radzi Sheikh Ahmad said the committee had suggested that the government amend the provisions in Section 36 to enable MACC to investigate the ownership of properties by a person suspected of being involved in corruption.
He said currently, MACC had no power to request a person to make such a declaration without initiating a corruption probe on the individual involved.
"This is a weakness which could be conveyed to the government as to how the legislation was strengthened in Hong Kong for the enforcement officer to issue a notice of property declaration, without the need of an investigation.
"The regulation compels him to answer the notice, failing which, he could be penalised. Thus, it's time to give the MACC more investigation powers as the existing legislations do not help MACC," he said at a media conference in the Parliament lobby at Kuala Lumpur yesterday.
On Section 23, Radzi said JKMR urged the government to find the best mechanism to fight the awarding of contracts, tenders and procurements by a member of the administration to his nearest family member.
"Section 23 relates that a civil servant cannot abuse his power and position as MB or minister to obtain gratification.
"A civil servant chairing a meeting which makes a decision leading to his family reaping profits from it, is considered a form of corruption, and we suggest for an independent committee to redress the weakness in Section 23," he said.
He said there was also no special legislative provision on corporate liability, which caused business organisations to escape charges and punishment even after the crime of corruption was carried out by an employee for the benefit of the company.
Radzi said, without corporate liability, only the particular individuals in the company would face charges and punishment, whereas the company will not be affected.
- Bernama
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