MADPET urges parliamentary control over MACC for true independence

KUALA LUMPUR: Malaysians Against Death Penalty and Torture (MADPET) has called for the Malaysian Anti-Corruption Commission (MACC) to be placed under the jurisdiction of Parliament to ensure its independence and effectiveness in fighting corruption.

This move, according to MADPET, is crucial to prevent the MACC from being perceived as a tool of the current government, targeting opposition members, critics, and “old enemies” of the Prime Minister or the government.

On 18 June 2024, Prime Minister Anwar Ibrahim reiterated the government’s intention to consider placing MACC under Parliament.

This statement echoes a promise made over 14 months ago, on 28 March 2023, when Anwar told Parliament that Putrajaya was willing to relinquish its discretion in appointing the MACC Chief Commissioner to Parliament.

Despite these assurances, MADPET points out that no concrete steps have been taken to amend the MACC Act or to establish a mechanism for Parliament’s involvement in the appointment process.

MADPET expressed disappointment over what it perceives as false hopes and unfulfilled promises by Anwar and Pakatan Harapan leaders, citing similar delays and U-turns on other reform promises, such as repealing the Sedition Act and introducing local government elections.

MADPET suggests amending Section 5(1) of the MACC Act to require the Yang di-Pertuan Agong to appoint the Chief Commissioner of MACC based on the advice of the Prime Minister, but only after obtaining prior approval from Parliament.

This process would involve a thorough vetting by a Parliamentary Appointments Committee composed of government and opposition MPs, followed by a parliamentary vote.

Such a process, MADPET argues, would ensure that only qualified and suitable candidates are appointed and would deter unsuitable or unpopular appointments. This approach is practiced in other countries, including the US and Ghana, where appointments of high-ranking officials require prior parliamentary approval.

Azam Baki, the current MACC Chief Commissioner, has opposed the idea of placing MACC under Parliament, citing the existence of five independent oversight bodies.

However, MADPET questions the independence and effectiveness of these bodies, highlighting past instances where members struggled to convene meetings or receive responses from their chairs.

MADPET emphasizes the need for transparent actions and reports from these oversight bodies, which currently report only to MACC and the Prime Minister, not to the public or Parliament.

MADPET also raised concerns about Azam Baki’s scandal involving alleged violations of public officer conduct regulations and asset declaration rules.

Despite these allegations, Anwar Ibrahim’s government reappointed Azam for two consecutive one-year terms without parliamentary consultation. MADPET argues that these short terms could compromise the independence of the MACC Chief Commissioner, making them more susceptible to political pressure.

To restore public confidence in MACC’s independence, MADPET calls for immediate legal amendments to remove the Prime Minister’s role in the appointment of the MACC Chief Commissioner and oversight bodies.

All appointments should require prior parliamentary approval, including public vetting. Additionally, MADPET advocates for a fixed tenure for the Chief Commissioner to ensure security of tenure and independence from political influence.

MADPET also demands the immediate removal of Azam Baki as MACC Chief Commissioner and the appointment of a new leader through a transparent and parliamentary-approved process.

They argue that only a truly independent MACC can effectively investigate, charge, and try high-ranking officials, including the Prime Minister, without fear of political repercussions.