MACC’s Anti-Corruption Advisory Board acted ultra vires in clearing MACC Chief Commissioner Azam Baki of conflict-of-interest allegation when it has no power to do so under the Malaysian Anti-Corruption Commission Act 2009
The Malaysian Anti-Corruption Commission’s (MACC) Anti-Corruption Advisory Board acted ultra vires in clearing the MACC Chief Commissioner Azam Baki of conflict-of-interest allegation when the Board has no power to do so under the Malaysian Anti-Corruption Commission Act 2009.
Section 13 of the MACC Act 2009 stipulates six functions of the of the MACC Anti-Corruption Advisory Board and none of them gives it power to clear the MACC Chief Commissioner of conflict-of-interest allegations.
The six functions of then MACC Anti-Corruption Advisory Board are:
- to advise the Commission on any aspect of the corruption problem in Malaysia;
- to advise the Commission on policies and strategies of the Commission in its efforts to eradicate corruption;
- to receive, scrutinise and endorse proposals from the Commission towards the efficient and effective running of the Commission;
- to scrutinise and endorse resource needs of the Commission to ensure its effectiveness;
- to scrutinise the annual report of the Commission before its submission to the Special Committee on Corruption; and
- to submit its comments to the Special Committee on Corruption as to the exercise by the Commission of its functions under this Act.
Azam’s plea of innocence is no answer to the conflict-of-interest allegation which had been publicly made against him more than two months ago.
There should be a proper and satisfactory investigation mechanism on the conflict-of-interest allegation before Azam is cleared.
Azam is wrong when he claimed that he was answerable only to the MACC’s Anti-Corruption Advisory Board as he is finally answerable to the people of Malaysia through Parliament and other intermediaries for his integrity and performance.
It is sad to see the MACC going through its worst crisis of confidence today, even worse than during the 1MDB times when Malaysia turned into a kleptocracy.
Azam should go on leave and submit himself to a full investigation by the Parliamentary Special Select Committee on Agencies under the Prime Minister’s Department, where Azam, his brother, the maker of Azam’s conflict-of-interest allegations are afforded full opportunities to state their case.