CSO Platform for Reform opposes the government’s
announcement of its intention to place the Malaysian
Anti-Corruption Commission (MACC) under the purview of the
Enforcement Agency Integrity Commission (EAIC), as the
coalition strongly believes that this move contradicts the spirit of
institutional reform. We refer to the announcement that was made
by the Minister in The Prime Minister’s Department (Law and
Institutional Reform), Dato’s Seri Azalina Othman Said on 2 May
2023.
Based on our observations, there is no functionality to placing
MACC under EAIC. Such a move will instead be contradictory to
the independence and transparency of MACC, which is required
for the body to properly carry out its duties.
It is especially a cause of deep concern to us, as the scope of
EAIC's authority has been vague and ambiguous since its
inception. Furthermore, the independence of EAIC has also been
the subject of debate as the appointment of its Chief
Commissioner is made by the Prime Minister. Therefore, this has
raised questions about whether the EAIC is truly free from
political influence.
As the MACC is the supreme body in overseeing anti-corruption activities in
Malaysia, it is necessary to ensure that it is able to discharge its duty without any
form of political interference. This is particularly important when we consider the
powers held by MACC. MACC is an agency with prosecutorial powers, which is not
possessed by any other agency under the purview of EAIC. Therefore, we do not
believe that placing it under the purview of the EAIC will enhance its independence
or authority.
Minister Azalina should instead consider placing the MACC under the purview of the
Malaysian Parliament for the purpose of accountability and transparency.
We also
believe that this aspiration is in line with the Prime Minister of Malaysia, Dato' Seri
Anwar Ibrahim’s stance, to ensure transparency and independence of the MACC.
During the last Parliament session, the Prime Minister expressed the government's
willingness to consider appointing the MACC Chief Commissioner under Parliament
to ensure transparency and independence.
We call upon the Unity Government to uphold its reforms principle by abandoning
this proposal, and instead focus on advancing the reform agenda of the Malaysian
Anti-Corruption Commission (MACC).
Released by
Steering Committee of CSO Platform for Reform