THE Covid-19 pandemic may have put a halt to many things, but not the Malaysian Anti-Corruption Commission’s (MACC) fight against corruption and the abuse of power.

MACC chief commissioner Datuk Seri Azam Baki, who has served the agency for 36 years, views fighting corruption among civil servants as particularly important as he wants to ensure the country’s post-pandemic economic recovery is not hampered by leakages in public funds.

In an exclusive interview with Sunday Star, Azam also address allegations that the agency is being used as a political tool by politicians.

Has the pandemic reduced incidents of corruption?

It has not, and you can see this from our record. Last year, the MACC made 998 arrests, opened 857 investigation papers and charged 480 individuals.

But how corrupt activities are carried out has changed because of Covid-19 –the use of third party account and online transactions, for instance. The change in modus operandi is not just in corruption cases but also in other crimes like trafficking, smuggling, gambling.

But as authorities, we need to be many steps ahead to detect changes in tactics and mod operandi and see to it that no matter what the criminals do, we will get them.

How have the changes in governments in the last few years affected the MACC?

No matter who is in charge, we execute our duties based on the law. There is no leaning towards any individual or political party. Allegations that the MACC has certain leanings is only perception.

When we investigate a case, we will make public the outcome of the investigation. If the government interferes with our work, we cannot make cases public.

The Prime Minister is supportive of our work and has given the government’s commitment to fulfil the National Anti-Corruption Plan (NACP). Ican state that the Prime Minister is supportive and there is no interference from the administration. The MACC is free to investigate cases, the Attorney General has the freedom to charge people, and the courts are free to try cases.

The separation of power under the Federal Constitution is very clear. This does not change regardless of who governs.

While the usual perception is that politicians are corrupt, we are now hearing about corruption among civil servants. How bad is the situation?

From our records, 5,652 arrests were made between 2015 and 2020, and almost half – 2,683 individuals or 47.5% – involved government officials.

In those five years we also arrested 1,622 members of the public and 1,347 people in the “others” category, including politicians and people in the private sector.

Last year, the MACC arrested 467 civil servants – eight from the top management group, 109 in the management and professional category, and 350support staff.

So the answer to this question is yes, corruption among civil servants is serious. The numbers are quite alarming, and we have had cases of corruption and abuse of power even among senior civil servants.

Some will argue that considering there are 1.6 million civil servants the number of those who abuse their positions is relatively small in comparison. But that is not the point. There should be zero corruption in Malaysia, particularly in the civil service.

Because of corruption, be it in the form of inflated procurement and development costs or not enforcing the law, there are leakages ingovernment revenue. That is public money, mind you. Money that can be put to good use, that could bring greater benefit to the country and the people.

There is a need to further improve the government’s delivery system and governance, not just to provide better services but also to increase transparency and to eliminate the opportunity for the abuse of power and corruption.

How serious are the leakages in public funds?

We don’t have the exact figures but based on the number of cases investigated and the amounts involved, I would say it is serious and so is the amount of money involved.

Most of the corruption cases that the MACC has handled since2015 involved leakages from government procurement.

Based on our analysis, wastage is common in the public sector and when there is a leakage in government procurement, more often than not there will be an element of corruption involved.

People may not realize it but the effect of leakages in government funds can devastate the economy.

Leakages are not just caused by inflated costs in government procurement and contracts but also when enforcement authorities do not take action against offenders or fail to collect revenue on behalf of the government.

For instance, if a summons is issued and the offender “settles” it with an enforcement officer by bribing him, this is considered leakage because money meant to go into the government’s coffers did not do so.

So fighting economic crime and plugging leakages caused by corruption is our prime focus, especially to ensure that post-pandemic economic recovery efforts are fruitful.

How cooperative are the heads of government departments?

We have received different levels of assistance from department heads, from helping us take action against corrupt staff and giving us tip offs to seeking our advice on how to end such activities.

But I must say that the Inspector-General of Police (Tan Sri Abdul Hamid Bador), Immigration director-general (Datuk Khairul Dzaimee Daud)and Road Transport Department director- general (Datuk Zailani Hashim) have given us the most support in acting against corruption in their organizations.

With the assistance of the IGP, we have managed to solve many cases.

The Immigration DG cooperated with us on “Ops Selat” to bust a nationwide syndicate involving his officers offering immigration services to foreigners and illegal immigrants for a price.

Recently, we carried out “Ops Sukat” to catch JPJ (Road Transport Department) officers in several states who had offered “protection ”to lorry operators who committed road offences.

In all these cases, the heads gave us their full cooperation because they wanted to weed out the bad apples who tarnish the good work of others and to boost their department’s integrity and image.

As the Public Service Department’s director-general (Tan Sri Khairul Adib Abd Rahman) has said, civil servants should no longer adopt the“ mind your own business” attitude but should be mindful of corrupt activities around them. Be a whistleblower and alert us to wrongdoing. There is a law to protect you, so do not be afraid to report crime.

With criminal techniques becoming more sophisticated, how does the MACC ensure effective enforcement?

When I joined the MACC in 1984 – when it was known as the Anti-Corruption Agency – corruption back then was different from what it is now. Yes, there were high-profile cases, but those who committed the crimes were mostly individuals acting on their own.

Today, corruption cases have become complicated. You hear of cartels and syndicates, you hear of corruptors using proxies, online transactions, dummy accounts, shell companies and third parties.

Some use different means to cover money trails, some will park their money overseas to avoid detection – in these cases, our investigation hasto go beyond Malaysia’s borders. And now we hear about cryptocurrency used in transactions.

To meet these challenges, the MACC has set up a forensic technology division to provide investigators with forensic advice. And the financial analysis division assists in complex cases, particularly those involving the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

To beef up the divisions, our new intake of officers comprise those with a background in financial forensics, law, engineering and accountancy. Officers are also sent for courses and training so that we have more experts in these fields.

The MACC also works closely with Bank Negara Malaysia and the Inland Revenue Board to ensure our operations are effective.

Why don’t we hear of action taken against those who give bribes?

The law does provide for action against both takers and givers, and we have brought cases against those who offered bribes. Between 2015 and 2020, the MACC arrested 1,131 individuals for such acts.

But in most incidents, the giver gives under duress. He is pressured into giving money to the receiver who is a person with power and authority.

For example, Official A informs a contractor of plans to top up he cost of a project that was awarded to him but demands that the contractor meets certain “conditions” first. Now, the contractor is placed in a dilemma because if the official’s demands are not met, his investment will go up in smoke.

So he relents and pays the official.

In cases like this, we will get the giver to act as our witness, to become a whistleblower.

We want to take action against the receiver because this is a person with power, position and authority who has been entrusted with doing his job with honesty and integrity. This individual should not commit a crime, and corruption is a crime.

As for the Whistleblower Protection Act, I believe the MACC is the only agency that is making full use of it to protect those who report crime and who are victimized after raising the alarm.

What does the MACC do to create better public awareness about corruption?

To mention just a few efforts, we have gone to schools to educate the young about corruption. We have the Angkatan Mahasiswa Anti-Rasuah programmed for higher learning institutions to promote a corruption-free lifestyle – a pilot project with University Sultan Zainal Abidin will be kicked off soon.

For schools, we have the Wira Anti-Rasuah programmed under which anti-corruption awareness is done through cultural and artistic activities andalso via e-sports.

Lessons about anti-corruption have also been included in the Bahasa Melayu subject textbook for Year Five pupils and we have asked theHigher Education Ministry to ensure that integrity and anti-corruption courses be made core subjects for undergraduates.

Prevention, education and awareness is just as important as enforcement in fighting corruption. On top of that, the MACC has appointed 80integrity officers to be stationed at government agencies and government-linked companies. We provide courses and training for ministries and agencies to formulate an organizational anti-corruption plan.

If all agencies implement this plan effectively, I am certain there will be fewer incidents of corruption and power abuse.

Source : The Star