A group of five NGOs, including the Bar Council and Transparency International Malaysia (TI-Malaysia), has urged the setting up of a new Independent Anti-Corruption Commission (ICAC) that is free from the shackles of the executive.

The Malaysian Anti-Corruption Commission (MACC) is not independent as it is placed under the Prime Minister's Department, which is the executive, and this raises concern whether it is effective in fighting graft, Bar Council chairperson Steven Thiru said.

"Being under the executive, as it is at present, could see the MACC not being independent.

"In our proposal, the new commission, which would be like the Election Commission (EC), would be the body overseeing investigations on corruption, with autonomy and power over anti-graft policies, practices, directives, and recruitment for an agency fighting corruption.

"Further, we propose the setting up of an anti-corruption agency ‎that will be responsible for operational matters involving detection and investigation of corrupt practices or activities," Thiru said.

The other NGOS in this group are the Institute for Democracy and Economic Affairs (Ideas), Centre to Combat Corruption and Cronyism (C4), Special Interest Group on Anti-Corruption and Good Governance, and Citizens Network for a Better Malaysia.

They submitted the memorandum proposing the reforms to the MACC on Tuesday.

Hiring the 'right' staff

The NGOs proposed that the Federal Constitution be amended, in setting up the ICAC to be like the EC, where it could hire its own staff and not be restricted by the Public Services Commission, in terms of hiring the right personnel.

If the new set-up is accepted, they also proposed consequential amendments to existing legislations like the MACC Act 2009, the Official Secrets Act 1972, the Whistleblower Protection Act 2010, and the Witness Protection Act 2009.

Thiru suggested that the commission, if formed, could also have a special committee on corruption which would be placed under the Parliament, and its commissioners could get security of tenure.

C4 executive director Cynthia Gabriel ( photo ) proposed that 40 percent of the commissioners comprise of civil society representatives. She said its members can elect a chairperson who can occupy the position for up to six years, limited to two terms, to ensure continuity at the IACC.

Thiru further added that there were concerns that MACC is not getting the right personnel, such as forensic auditors, and having the commission or the ACA outside the realm of the Public Services Commission would enable them to find the right staff.

Also present were Ideas executive director Wan Saiful Wan Jan, TI-Malaysia deputy president Dr Loi Kheng Min, and chairperson of the Special Interest Group on Anti Corruption and Good Governance Dr Ho Chai Yee.