PUTRAJAYA: The Malaysian Anti-Corruption Commission is in the midst of fine tuning several measures in its transformation into a service commission including allowing it to decide on the appointment of its own chief commissioner.
Its chief commissioner Datuk Seri Mohd Shukri Abdull said some of the things that could be done include suggesting the appointment through the Parliamentary Select Committee (PSC), adding that the appointment of PSC would require the MACC Act to be amended in Parliament.
“If it is hard to get two-third support in Parliament to allow MACC to choose its own chief commissioner, we can try to amend the MACC Act and include a clause allowing the appointment to be made by PSC.
“We want to ensure that those appointed are able to execute their duties without fear and cannot be easily sacked just like judges, as any action to be taken will require tribunal approval,” he said.
Shukri said this at a joint press conference with Governance, Integrity and Anti-Corruption Centre (GIACC) director-general Tan Sri Abu Kassim Mohamed after media briefing on the Final Result Report of Efforts to Fight Corruption in Malaysia from June to December 2018 at Perdana Putra Complex here today.
He said currently the appointment of the MACC chief commissioner was done by the prime minister with consent from the Yang di-Pertuan Agong.
Allowing the PSC, which is represented by the members of Parliament from the government and opposition bloc, to appoint the MACC chief commissioner, the process would be seen to be more transparent without favouring any sides, he said.
Shukri said turning MACC into a service commission would also allow it to appoint its officers based on work load needs as compared to the current practice where any appointment would be done via the Public Service Department and the Public Service Commission.
“This will allow MACC to raise its capability and professionalism among its staff and control the terms and conditions related to work including disciplinary matters.”
The chief commissioner also said the MACC was in the process of amending the laws including on public misconduct.
“This is important because each year the Auditor General’s Report would highlight weaknesses against which serious action cannot be taken, but merely mete out disciplinary action.”
Shukri said public misconduct laws could stipulate that senior officers who make decisions should take into account the main requirements so that there would be no leakage of government assets.
Shukri also said a new law would be proposed to deal with government projects given to main contractors but were not executed by them but by sub-contractors.
“Such practice has resulted in projects being carried out with inferior quality materials,” he said, adding similar laws existed in other countries including Brazil, Canada and the United States which had positive results.
He added another proposal would involve additional penalty for those found guilty of corruption.
“Currently, the law says up to 20 years jail, but it is not a mandatory jail sentence. So we want to suggest an one-month mandatory jail sentence, aside from whipping as deterrence.”