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C4 urges more transparent asset declaration law

A string of corruption scandals that are under probe by the Malaysian Anti-Corruption Commission (MACC) in recent months indicate a serious and alarming status quo involving public officials’ abuse of power and misconduct.

The Centre to Combat Corruption & Cronyism (C4 Centre) commends the MACC’s untiring efforts in cracking down on systemic and endemic public sector corruption, that has permeated the system for decades.

The housing and land scandal in Johor is one of the largest, at least 21 luxury cars, cash in local and foreign currencies, documents seized and 45 bank accounts worth RM15.5 million frozen. In an even more bizarre case, the RM114 million worth in cash, jewellery, land grants and branded goods were also seized in MACC largest heist concerning the Sabah water department corruption scandal.

Early this year, Felda former senior officers charged of criminal breach of trust over a project worth RM47.6 million. And there are more.

The fascinating discoveries are difficult to fathom, yet they now are a central problem that is plaguing the country’s growth and competitiveness. It points to serious structural flaws in the system, that have allowed these loopholes to be manipulated for massive fraud and swindling of public funds.

C4 urgently recommends that Malaysia should enact transparent asset declaration laws for politicians who hold office, and civil servants in high decision making positions. A periodic public disclosure of personal assets is a sure way of deterring unexplained wealth from ill gotten gains.

Malaysia can start by emulating best practices of its neighbour, Indonesia.

Apart from its comprehensive regulatory framework of asset declaration targeting senior leaders and those in at-risk positions in Law No 43 of 1999 on Civil Service Ordinance, the wealth reports are made accessible to the public and non-compliance will result in administrative sanctions.

In South Korea in its Article 4 of Public Service Ethics Act 1993 and Thailand in its Organic Act on Counter Corruption 1999 require all high-ranking public officials, their spouses, and many of their lineal ascendants and descendants to disclose their ownership of real property, intangible property, and shares in non-public business entities.

Malaysia as a party to United Nations Convention against Corruption (UNCAC) is bound to adaopt Article 8(5) that requires a public official in position between his/her official duty and private interest to make an asset declaration. Besides, in the OECD guidelines on Asset Declarations for Public Officials, the purposes of asset declaration system is to cater four main concerns; transparency, public accountability, trust and integrity.

An asset declaration law to regain public confidence

By hook or by crook, to re-gain the public confidence in the government’s integrity, the laws on asset declaration in Malaysia should be improved significantly without fear and favour to detect conflict of interest or illicit enrichment.

Declaring assets behinds doors as what Malaysia is practicing at the federal level now, does not suffice, it reeks of secrecy and opacity instead of promoting transparency. It should be made accessible to public as part of their rights to know and be informed.

We are encourgaed to learn that Penang and Selangor have initial asset delaration mechanisms in place, which can be further improved. Other states must immediately foloow in this footsteps.

In the absence of a strong deterrent mechanism like asset declaration, more public officials will frivolously feel comfortable abusing their power and misappropriating state assets and public funds. It will not just tarnish the image of our country but also cause loss to the state revenues supposed to generate public welfare.

All in all, more transparent asset declaration system portrays good governance of a country, with the backdrop of terrifying degree of corruption cases, this proactive step should be implemented now before it gets uncontrollable.


CYNTHIA GABRIEL is founding director, Centre to Combat Corruption & Cronyism (C4).

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