Independence Of The Macc

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The appointment of Latheefa Koya as the head of the MACC has raised questions of her independence and effectiveness for the job, and rightly so. Corruption, as every Malaysian knows, has been the scourge of Malaysian life for decades
Thus, the selection of an independent and effective head of this anti-corruption commission is of paramount importance if we are to successfully curb this obstacle to our social and economic development
Latheefa no doubt has a range of valuable skills, experience and qualities. However, her political independence is sadly not one of them
First, heads of anti-corruption commissions should be appointed through a process that ensures their independence, impartiality, neutrality, integrity, apolitical stance and competence. That is surely the thinking that led Pakatan Harapan to stress the principle of non-political appointments in commissions in their GE14 manifesto
So, does the appointment of Latheefa abide by that principle? In such a role as head of the MACC, perception of and trust in her neutrality are critical to her success. In the public eye, Latheefa has for many years been known as a PKR stalwart and leader who makes political statements not only pertaining to other political parties but also to factions within PKR itself
The technical point about her resignation from the party on the eve of her appointment does not detract from the fact that she is seen as a PKR leader with a strong propensity toward a particular faction of PKR which is linked to the prime minister
More significantly, both the leader of the Harapan coalition and the leader of Latheefa’s erstwhile party PKR have been players on the Malaysian corporate scene for decades and as such, her connection to PKR and Harapan right up to the eve of her appointment does not say much for her independence or impartiality
The degree to which the MACC is able to function truly independently is vital to its ability to fight corruption effectively. The principle that these agencies should be independent is as axiomatic. Being free from undue influence is generally stated in the form of "being free from politics"
Political independence and capacity to actThe ideal is that the MACC is part of an "apolitical" law enforcement system and implements a clear set of laws to bring about the apprehension, conviction and punishment of offenders
There should, in fact, be a statutory or constitutional basis for a claim to independence, asserting autonomy and limiting the powers of the executive. Other mechanisms relate to appointment, continuity, removal and remuneration of anti-corruption officials.In Singapore, which has risen to third place in the annual ranking of least corrupt countries, the head of the anti-corruption bureau is nominated by cabinet but appointed by the president
Moreover, one section of the Singapore Constitution on the powers of the president (Article 22G) provides that the director of the anti-corruption bureau can continue to investigate any minister or senior civil servant even if the prime minister does not consent, providing the director secures the president's approval
Singapore has a prosecution success rate in corruption cases in excess of 90 percent; between 2007 and 2011, the success rate was 97 percent. (The Straits Times 2013) Their judiciary generally imposes the toughest available sanctions and there have been successful prosecutions of senior figures associated with the ruling party
Needless to say, the existence of an independent judiciary is a key component of the eradication of corruption
This concerted effort to root out corruption requires strong leadership and commitment, and it also requires skilled investigators and the ability to collaborate with other investigative and prosecuting bodies, not forgetting the possession of sufficient powers and resources to make its operations effective
Independence, therefore, means freedom from interference as well as the capacity to act
To conclude, eradicating corruption from our midst involves enhancing the citizens voice, including press freedom; judicial reform, especially the creation of an "independent" judiciary; civil service employment reform; removing unnecessary layers of bureaucracy; tough anti-corruption laws and politically independent law enforcement agencies
KUA KIA SOONG is the adviser of human rights NGO Suara Rakyat Malaysia (Suaram). - Mkini

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