KUALA LUMPUR (Feb 14): G25 Malaysia has voiced concern regarding the appointment of the attorney general (AG) to chair the special investigation committee investigating the Malaysian Anti-Corruption Commission (MACC) chief, warning that such an arrangement creates a significant perception of conflict of interest.
The group of retired senior civil servants welcomed the government's decision to investigate Tan Sri Azam Baki, but they argued that the AG's dual role as the government's lead legal advisor and the nation's top prosecutor makes him an unsuitable lead for an independent inquiry.
For the findings of this task force to be credible, it must be — and seen to be — independent of the executive branch, the group said in a statement.
"While the AG may sit on the task force in view of his constitutional role and legal expertise, he should not chair it. As the government’s principal legal adviser and the authority responsible for prosecutions, having him lead the task force may give rise to perceptions of institutional conflict.
"This investigation must not only be fair, but be clearly seen to be independent of the executive branch. Public confidence would be better served if the task force were to be chaired by a retired senior judge or an equally independent and respected figure with no direct reporting line within the current administrative hierarchy.
"In matters of integrity at the highest levels, independence must be beyond question. Even the perception of internal oversight may undermine trust in the process and its eventual findings," it said.
The statement comes after the government announced on Friday night that AG Tan Sri Mohd Dusuki Mokhtar would lead the special investigation committee that will investigate Azam's shareholding controversy. The committee also comprises Public Service Department director general Tan Sri Wan Ahmad Dahlan Abdul Aziz and Treasury secretary general Datuk Johan Mahmood Merican.
Findings and recommendations from the committee will be submitted to the prime minister "and the relevant disciplinary authority for further consideration", according to the announcement made by Chief Secretary to the government Tan Sri Shamsul Azri Abu Bakar.
Calls for garden leave and 'corporate mafia' probe
Beyond the chair's appointment, G25 urged the administration to promptly put the MACC chief commissioner on garden leave while investigations are underway to prove that the government is taking the allegations seriously, and that no one is above the rule of law or beyond public scrutiny.
It also insisted that the inquiry must look beyond individual shareholdings and address "the wider and troubling allegations that the MACC itself has operated in a manner akin to a corporate mafia", saying the seriousness of the claims require a thorough, independent and comprehensive review. "This is necessary to uphold public confidence in our institutions," it added.
G25 also argued that ad hoc task forces are insufficient for a meaningful reform of the MACC for long-term integrity. It proposed a fundamental restructuring — removing the commission from the Prime Minister's Department and placing it under parliamentary oversight.
It said this can be done through the creation of a constitutionally mandated Independent Anti-Corruption Commission or IACC. Under this model:
- the IACC would supervise the MACC's operations, appointments, discipline and budgeting;
- the MACC would function as the IACC's investigative arm;
- the chief commissioner would be appointed via an open, bipartisan parliamentary seelct committee.
Concrete actions please, not just aspirations
G25 challenged the government to show that its reform agenda is "not merely aspirational, but operational as well".
"The Madani government is now in the best position to prove they can translate their commitments into concrete action as we should no longer bear the failure of past slow and incremental adjustments," the group said.
"The fight against corruption must begin at the very top, and it must be conducted with transparency, consistency and integrity," it said, adding "Any delay in undertaking these measures will only deepen public doubt and further fuel suspicion taht allegations of corruption surrounding the MACC are true".