Question: An outraged public is blaming rampant corruption among government agencies for what is happening in Cameron Highlands. What is your take on this?
Answer: Whenever a mishap like landslide and flood happens, the public would jump to the conclusion that it must be linked to elements of corruption. They can say that such and such agencies, like the District and Land Office, is corrupt. But, the question is, can they identify and pinpoint the person responsible? We need specific details before an investigation can commence.
Whenever people see land clearing being carried out, they immediately suspect that it involves corrupt practices. That is perception. What MACC needs is information... those who know about corrupt practices should contact us.
Question: Talking about information, how have tip-offs helped the commission in the Cameron Highlands case?
Answer: We have received only 10 tip-offs since last year. However, half of them were too general and did not provide enough for MACC to pinpoint any target. These tip-offs contain allegations on illegal land encroachment activities, but they did not say who were involved or where it happened. The five others were credible enough for MACC to initiate investigations.
From the information, we managed to zero in on a farmer, who was also a runner for illegal land clearing activities there, and gathered evidence against him. As a result, the culprit was arrested and charged in court for giving a RM20,000 bribe to a District and Land officer.
However, the other information, which I said was too general, was not discarded. We referred it to the agencies responsible for further action to be taken.
MACC also takes note of media reports, like Berita Harian’s expose on rampant land clearing in the highlands, which was published in May last year.
In July, after a thorough inspection and discussions with the Pahang government, we came up with 12 suggestions on the problems in Cameron Highlands and what could be done to mitigate the concerns raised.
Question: Despite media reports and public outrage, coupled with the MACC action, illegal land clearing has not stopped. Why is this?
Answer: We know that land clearing has been happening rapidly and there is also an influx of foreign workers there. Why is this so? There are two major things; first is integrity of the officers and second is intervention. On the first point, enforcement officers and those in the District and Land Office must act against illegal land clearing. Otherwise, the illegal land clearing and devastation will continue.
As for intervention, it comes when the officers want to report a case and they are stopped, either by an instruction letter or verbally told to do so. If the officer fails to adhere to the so called directive, he/she may be transferred or overlooked when it comes to promotion.
Question: What is MACC’s take on the so-called surat kuning or recommendation letter from some quarters linked to the palace?
Answer: There is nothing wrong in writing a recommendation letter. I have read these letters and it has nothing to do with instructions, but at most to consider the application.
Question: It was reported that the issue of pressure by hidden hands, which were said to be behind the decision to approve Temporary Land Occupation (TOL) licences in Cameron Highlands, was a major problem to civil servants there. Civil servants are in a dilemma as they fear repercussions if they disregard the recommendation letters issued by people linked to the palace and politicians. How can this problem be solved?
Answer: The most important thing that the officers need to understand here is that the law applies to everyone. Nobody should be given an exception. In the case of TOL, the state government had frozen its issuance since 2001. Thus, any act of approving such application is an offence.
I have checked with the Cameron Highlands District and Land Office, the “yellow letters” were issued in 2012. This means the letters came after the TOL freeze order. So, as long as the freeze order is not lifted, no approval can be given to anyone.
Civil servants must understand that the people who issued the recommendation letters, will not be the one who will face the music. It is the person who approves the TOL who will be hauled to court.
Question: So, are you saying that no action can be taken against those who issue recommendation letters?
Answer: As far as the law is concerned, those who issue such letters have not committed an offence. However, if an approval is given for something that cannot be approved, then it is wrong. The state government can take legal action as the granting of TOL is not valid.
Question: What option do civil servants have when faced by such dilemma?
Answer: They can always contact us. MACC is willing to help and advise them on how to handle the matter. We can also issue a letter of instruction telling them officially that they should not heed an illegal order and obey what has been stipulated in the rules and regulations. Thus, if any action is taken against them for not giving approvals, they can always say that they were only following instructions.