Friday, April 26

Irrelevant to place MACC under EAIC’s purview

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THE Complaints Committee is part of the MACC check and balance mechanism that was formed under legal provisions as prescribed in Section 15 (1) of the Malaysian Anti-Corruption Commission (MACC) 2009.

Thus, the Complaints Committee plays its role in ensuring that the MACC executes its functions in particular in overseeing the conduct of its officers who are non-criminal. In other words, the Complaints Committee looks into aspects of complaints on misconduct levied on MACC officers.

Furthermore, the Committee is responsible in identifying weaknesses in work procedures that may resort to such complaints and subsequently propose for recommendations deemed in accordance with the work procedures of the MACC.

Since its establishment seven years ago, the Complaints Committee has contributed ideas and insights, especially in relation to management that includes monitoring complaints of misconduct on non-criminal nature as well as proposing for improvements to its systems and procedures.

The Complaints Committee comprises four members, comprising of former senior government officials, professionals from the business and corporate sector, legal practitioners and respected individuals.

Members of the Complaints Committee represent the general public and as such act as the eyes and ears for the people.

All of these are purported to ensure that the MACC continues to excel as an agency that is independent, transparent and professional in carrying out their responsibilities in fighting corruption.

Hence, in relation to the view of the Enforcement Agency Integrity Commission (EAIC) to include the MACC under the purview of the EAIC, the Complaints Committee is of a strong opinion of the irrelevancy of EAIC’s recommendation primarily due to the fact that the MACC is an independent commission.

The Complaints Committee is of the opinion that the MACC has been and is effectively being monitored by the five independent bodies, of which includes the Complaints Committee.

Therefore, it is redundant and irrelevant for the MACC to be placed under EAIC. The MACC has appropriate and relevant mechanisms ever since the establishment of the Complaints Committee seven years ago.

The Complaints Committee is tasked to investigate complaints and is in the capacity of a monitoring role to ensure that cases of misconduct of MACC officers are acted upon appropriately. To date every complaint and information have been and are dealt with effectively.

The Complaints Committee in fulfilling its duties has been active in proposing various recommendations top management streamlining towards ensuring the safety of its workforce in its daily engagements.

Notably is the Video Interviewing Room (VIR) that aims to ensure the safety of suspects and witnesses engaging with MACC officers, existence of CCTV equipment at every level in addition to the standing orders and office procedures.

Improvements in the level of accountability and professionalism of MACC officers is proof that reflected in the statistics where no complaints since October 2012 until now, on the use of force during investigation conducted by the MACC officers. This was an issue before.

On the view that the death of detainees or persons in MACC while under investigation is outside the jurisdiction of the MACC, the Complaints Committee has the prerogative to conduct its own internal investigation.

In fact, the result reflecting positive changes in the MACC in general is largely due to the close collaboration between the Complaints Committee through dialogues and working visits to MACC offices nationwide.

In line with the goal of making the MACC as an independent, transparent and professional anti-corruption Commission, the Complaints Committee will continue to work towards enhancing public confidence and in ensuring that its officers is capable to perform the task of preventing corruption effectively.

Continued efforts have been taken by the top management of MACC to ensure that MACC constantly acts in an excellent and professional manner in discharging their duties and responsibilities.

The principle of ‘zero tolerance’ and ‘whiter than white’ is the bedrock principle of the Commission that led to the increase in the level of accountability and integrity amongst the MACC workforce.

Pursuant to this, the Complaints Committee will continue to support and uphold the MACC towards enhancing public confidence on the Commission as an enforcement agency anti-corruption laws that is constantly independent, transparent and professional.
Tan Sri Wilson Baya Dandot Chairman Complaints Committee Malaysian Anti-corruption Commission