THE EFFECTIVENESS of the Malaysian Anti -Corruption Commission (MACC) in the eyes of public is not something that can be simply earned, especially with today's community, which is inclined to evaluate effectiveness based on perception, not reality.
The public will only have confidence in the actions of the MACC when they really believe in the authority and integrity of the commission.
Therefore, the government's move to make the MACC an independent entity was a step in the right direction; a huge change occurred in the agency, which was established in 1967, to increase its effectiveness.
In 2009, the MACC, formerly known as the Anti-Corruption Agency (ACA), was changed from an organisation that was considered less transparent to a transparent agency.
Currently, it is not an excessive to say that the MACC is the only government institution that has and shows the highest transparency, with the presence of five external oversight bodies that oversee the progress, which is quite unique.
The mechanism of check and balances indirectly helps to meet the public's expectations on the MACC's independence, transparency and effectiveness in performing its functions in accordance with the law.
However, what is less satisfactory, after more than a decade, is the issue of public misunderstanding and negative perception. People think that the MACC is still selective or not transparent in its investigations.
In reality, if we observe each and every function of all entities within the commission, it is clear that their set-up can address the negative perceptions of the MACC.
FIRST, the Anti-Corruption Advisory Board (ACAB), established under Section 13 of the MACC Act 2009 (Act 694) is an advisory panel that is responsible for providing advice on the aspects of MACC policy and progress.
The members of ACAB are appointed by the Yang di-Pertuan Agong and comprise individuals with integrity who have provided excellent public service or achieved excellence in their respective fields.
ACAB consists of seven individuals, who give their views and advice to the chief commissioner from time to time. They also meet every month, and MACC will present a monthly report to them.
They also provide methodological advice on the work of the MACC in addition to reviewing the commission's annual report before submitting it to the Special Committee on Corruption.
SECOND is the Special Committee on Corruption (SCC), which looks into the MACC's achievements throughout the year, and presents and advises the prime minister on the MACC's performance.
SCC was established in accordance with Section 14 of the MACC Act 2009 (Act 694). Its members appointed by the Yang di-Pertuan Agong, comprise members of the Dewan Negara and Dewan Rakyat, who represent the ruling and opposition parties.
The provisions of the section stipulate that no member of the administration may be appointed to this Special Committee.
This committee will seek feedback from the MACC to find out everything, be it the stage of an investigation or the process used based on the report presented by the MACC.
What the committee asks the MACC is often based on people's comments. Their actions are not based on the protection of any party. If any weakness is detected, they will provide suggestions for improvement.
THIRD is the Complaints Committee (CC), which monitors any misconduct reported against MACC officers that is not criminal in nature.
They also have the role of examining the types of offenses committed by MACC officers, as well as proposing measures to improve the competency and capability of the officers in performing their duties.
FOURTH is the Consultation and Corruption Prevention Panel (CCPP), which advises on anti-corruption and community education.
CCPP is established administratively and consists of individuals appointed by the prime minister representing various community groups such as academics, entrepreneurs, media experts, social activists and organisations that can help the MACC in achieving the goal of creating a society that hates corruption.
FIFTH is the Operations Review Panel (ORP) which monitors the investigations carried out by the MACC, including providing suggestions in some cases before they are closed, or reviews them if it is dissatisfied with the explanation given by the MACC.
Once the panel is satisfied, the case will be closed. If it feels that the case can can be taken to court, it will advise the MACC and apply to the Attorney-General's Chambers or assistant public prosecutor to review the case and extend the investigation.
If we observe the latest case on June 15, 2021, when the MACC brought to court its own officer for the offence of conspiring to solicit a bribe of RM100,000, we can conclude that the functions and roles of the external oversight bodies are truly effective.
There is no room to hide any offences in investigation, including those conducted on MACC officers. The investigations are conducted transparently and professionally based on the results of the monitoring carried out by the independent panels.
In conclusion, all the five external oversight bodies, which do not include civil servants, can also be categorised as representatives of the people that monitor the MACC from time to time.
In short, if the community understands the structure and duties of the MACC, its confidence in the effectiveness of the actions of the MACC will increase.
Therefore, it is wrong to assume that the people only need to observe and use the social media platform as a medium to voice out their opinions and dissatisfaction about issues of corruption, as well as investigations and court proceedings.
This is because only with the support and cooperation of the people, together with the MACC, can this country be free from the grasp of corruption. The collaboration of every party from all sectors is essential in achieving this goal.
Every individual must strive and play their respective role to eradicate corruption. The join intention and effort can protect the country from the threat of corruption.
The writer is Deputy Chief Commissioner (Prevention) of the Malaysian Anti-Corruption Commission (MACC)
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times