MACC can target firms

New Straits Times, 2008/12/23

THE Malaysian Anti-Corruption Commission (MACC) is empowered to investigate graft in the private sector, Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz told the Dewan Negara yesterday.

"The MACC will investigate complaints of corruption in the private sector and this is provided for in the act. Everyone has talked about corruption of those in the public sector like ministers, members of parliament, menteris besar and executive councillors .

"The perception is that those in the private sector are exempt.

"But this is not the case, and if there is a complaint about a corrupt practice in the private sector, the MACC will investigate it," Nazri said while replying to points raised by senators during the debate on the Malaysian Anti-Corruption Commission Bill 2008.

The bill was passed without any amendments after 14 senators spoke on it.
Apart from giving the MACC more powers to investigate, the bill also provides for the creation of five bodies which will watch over the MACC to ensure its transparency and integrity.

They are the Anti-Corruption Advisory Board; Special Committee on Corruption; Operations Review Panel; Corruption Prevention and Consultative Panel; and a Complaints Committee.

Several senators said the new commissioner of the MACC would be beholden to the prime minister for the appointment and the MACC would not be truly free.

They said although the commissioner would be appointed by the Yang di-Pertuan Agong, this would be done on the advice of the prime minister.

Nazri said there was no running away from the role to be played by the prime minister in the appointment of the commissioner.

"In any system there is bound to be someone who would be involved in the appointment of another person. The prime minister is the right person to make the recommendation as he is elected by the people and commands the majority support of the members in the Dewan Rakyat.

"Moreover, the prime minister has to be careful as the appointment is scrutinised by the public and if the decisions he makes are not popular, he has to face the backlash of the electorate when it is time for the Barisan Nasional to seek a new mandate."

Nazri denied a claim that the Anti-Corruption Agency was not free to investigate and charge the corrupt until the prime minister gave it the green light.

"This is not correct. The ACA is placed under the Prime Minister's Department but this is only for administrative reasons.

"It is free to investigate and charge anyone.

"I believe there have been several cases of ministers and menteris besar who had been charged in the past for corruption.

"This would not have happened if the agency was not free."