Thursday, February 26, 2015

Egalitaria - How independent is the MACC?


'The MACC comes under the Prime Minister's Department, from which it also receives funding for its operations. This raises some serious questions as to its independence, especially if it were to receive reports on corruption stemming from this very department it would therefore be expected to investigate.


Despite the three independent panels, in addition to five oversight committees that the MACC has introduced in recent years, there is obviously a need for an all-encompassing solution. One problem is that the MACC's officers are drawn from the same pool of civil servants, as mandated by the Public Service Commission and run by the Public Service Department. This makes it inherently difficult for the MACC to employ independent officers who would be able to carry out investigations on other civil servants without fear or favour.

The MACC, in its present governance structure, would still remain tied to the government's executive influence, and any proposed reform would need to deal with institutional independence, both from the structural and practical standpoints.

To this end, IDEAS, together with the Malaysian Bar Council, has been working closely with other civil society organisations to propose several recommendations. These recommendations are aimed at making the MACC truly independent. The first of which would involve a constitutional amendment to form an independent Anti-Corruption Service Commission that would give the MACC hire-and-fire authority over its own officers. This would mean the MACC is no longer dependent on the Public Service Commission to supply their investigating and case officers.'
- See more at: http://www.thesundaily.my/node/297372#sthash.fLXJljNf.dpuf

With reference to the 26 members of the three independent panels of the Malaysian Anti-Corruption Commission (MACC), 19 of whom are new appointees, will it be like ex-Transparency International Paul Low, being put in the PM's Department just to provide some show of credibility?

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