INSTRUCTIONS from well-connected offices and their incumbents, no matter how ambiguous, can have the effect of placing an officer in an awkward position, especially in the Malay states where a sultan reigns. Like it or not, feudalism remains palpable despite the declared changed construct to one of constitutional monarchy. Myths, mysteries and mystiques are the handmaiden of feudal invulnerability, which keeps the monarch aloof and, yet, powerful. Hence, the claimed influence of the “yellow letters”, or surat kuning, with their palace connection, on state civil servants whose tenure depends on the throne’s pleasure. Thankfully, in the case of Cameron Highlands’ steady destruction, the sultan of Pahang has come out forcefully against these documents, ordering officers to ignore them and carry out their duties without fear or favour, or face the consequences. Surely, it cannot get more definitive than this.
Fighting crime, meanwhile, is difficult at the best of times. Its very nature presumes a modus operandi that assumes the deed to be undetectable. Usually, what facilitate detection are slip-ups. When the fight is against corruption, the so-called “honour among thieves” code of conduct makes the detective’s job even more arduous. Naturally, tip-offs by the public play a prominent role for starting an investigation, but to expect third parties to provide near-detailed information before action can even begin is maybe too much to expect in most circumstances. But then again, it is understandable, when any unwarranted intrusion of privacy can backfire so that caution becomes the operative word, even for an empowered Malaysian Anti-Corruption Commission (MACC). Admittedly, too, the “yellow letters” with their, at best, nuanced instructions, are of little use in pursuing any breach of law, other than to show up the selfishness of officers afraid for their own rice bowls.
Furthermore, according to MACC deputy chief commissioner of operations Datuk Mohd Shukri Abdull, the law is clear. Issuance of Temporary Land Occupation (TOL) licences in Cameron Highlands has been frozen since 2001, which makes it impossible for an officer to waive for as long as it remains in force; and that is that. One is hard-pressed, therefore, to explain the incessant illegal land clearing on the basis of the “yellow letters”, which are no defence at all. If caught for issuing TOL licences, officers will be punished for breaking the law anyway, making the argument that they fear for their careers implausible. But, as Shukri said, because of this situation, it is assumed that corruption is rampant. Unfortunately, evidence is hard to find. Instances where tip-offs have paid off are few. MACC can only urge intervention on the part of the District Office and enforcement officers. Ultimately, it is the conscience of the public servants concerned that can save the highlands. Still, primeval minds cannot get their heads around the resulting ecological destruction. An uncompromising MACC leaving no stone unturned is, therefore, urgently needed.