The Coalition for Clean and Fair Elections (BERSIH) has launched a comprehensive study on the Reform of the Malaysian Anti-Corruption Commission (MACC) during an event with Rasuah Busters at Karangkraf, Shah Alam, yesterday.

BERSIH believes that the current structure of the MACC has many weaknesses and gaps, especially when the institution was tested during the country’s biggest corruption scandal, 1MDB, the investigation procedures leading to the death of Teoh Beng Hock in 2009, and Lalitha Kunaratnam’s report revealing business ties within the MACC leadership.

Therefore, 15 years after the death of the late Beng Hock and the 1MDB debts that are still being paid by the government and the people of Malaysia, BERSIH asserts that it is time for an initiative to reform the MACC to address these evident shortcomings.

As a result, BERSIH has proposed a comprehensive study on MACC reform prepared by Andrew Yong on behalf of BERSIH, which examines the MACC extensively from the perspective of the history of anti-corruption bodies in Malaysia, the constraints faced, and the necessary reform proposals.

In the document, a key recommendation is the establishment of an Anti-Corruption Service Commission (ACSC) responsible for appointing the Chief Commissioner and MACC officers. Concerning this, the ACSC is responsible for submitting names to the Yang di-Pertuan Agong.

At the same time, the procedure for removing the MACC Chief Commissioner is also placed in the hands of the ACSC if found involved in misconduct or unable to perform duties. The Chief Commissioner’s term should be limited to five years.

To avoid confusion between the ACSC and MACC, it is suggested that the anti-corruption body MACC be reverted to its original name, Anti-Corruption Agency (ACA).

The ACSC should have a chairperson appointed from former judges of the Federal Court, Court of Appeal, or the High Court, and 4-10 other members appointed by the YDPA at his discretion but considering the advice of the Prime Minister, with the ACA Director-General as an ex-officio member.

At the same time, the ACSC and ACA need to be more effectively monitored by a Parliamentary Committee. For this purpose, BERSIH suggests establishing a Parliamentary Joint Committee on Corruption (PJCC) to replace the Special Committee on Corruption responsible for reviewing reports from the ACSC and ACA.

Most importantly, the PJCC is also responsible for reviewing and confirming senior anti-corruption body appointments proposed by the ACSC to the YDPA in consultation with the Prime Minister. The PJCC should also review and confirm the Prime Minister’s advice regarding the appointment of the ACSC chairperson and members.

The PJCC to be established should reflect the composition of both the House of Representatives and the Senate and be chaired by an Opposition Member of Parliament. PJCC membership should consist of 8-12 members appointed by the YDPA with the joint advice of the Senate President and the Speaker of the House of Representatives.

BERSIH emphasizes that with these three important bodies monitoring each other, namely the ACSC, PJCC, and the ACA itself, it will protect the ACA’s independence in conducting anti-corruption operations and ensure the ACA’s accountability through stricter oversight.

Looking ahead, BERSIH will expand engagement with various parties, particularly the Government, to drive the implementation of the MACC Reform agenda as a step to improve national governance systems and restore public trust in the Government’s anti-corruption efforts.

Released by:

The Steering Committee of BERSIH

Download the research paper here: “Strengthening the Independence and Accountability of the Malaysian Anti Corruption Commission: Problems, Case Studies, and Reform Strategies“