The MACC Is Empowered To Investigate Officers Of Public Body
THE Malaysian Anti-Corruption Commission (MACC) would like to clarify the issue of the investigation of a judge which was raised by some parties and has received public attention recently.
Based on procedures, the Commission is responsible for verifying and investigating any official reports or complaints that have been made to the MACC involving matters under its jurisdiction.
The MACC has been empowered to investigate corruption cases under the MACC Act 2009 including investigations against officers of public body as defined in Section 3 of the Act as follows:
“Officer of a Public Body” means any person who is a member, an officer, an employee or servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Legislative Assembly, a judge of the High Court, Court of Appeal or Federal Court, and any person receiving any remuneration from public funds.”
In line with the principle of separation of powers, once the investigation process is completed, the investigation paper will be submitted to the Attorney General’s Chambers to be decided on whether to prosecute or otherwise.
The MACC also has a record of investigating judges where investigation papers are then submitted to the Attorney General's Chambers for assessment.
Regarding the investigation against the said judge, the MACC received a complaint on 15 March 2022 followed by two more complaints on 23 and 27 April 2022. This investigation is still in its initial phase and is of public interest. It should be clarified that when an investigation is conducted on any individual, it does not mean that the individual has committed an offense.
In this regard, the MACC requests the public to provide space for the investigation process to be carried out in accordance with the law.
THE MALAYSIAN ANTI-CORRUPTION COMMISSION
PUTRAJAYA
28TH APRIL 2022
