COMMENT | Sabah whistleblower must be protected unconditionally

COMMENT | Sabah Entitlement & Equity Now (Seen) condemns the charges brought against whistleblower Albert Tei, in connection with the recent and ongoing Sabah mining scandal.

The scandal implicated 15 officials from the Sabah state government and one Sabah legislative assembly speaker.

Seen demands that Tei (above) is to be protected under the Whistleblower Protection Act of 2010, without prejudice or selective protection from the MACC.

The scandal was first unveiled to the public in late 2024, following Tei’s decision to release secretly recorded conversations with key officials within the Sabah state government.

His videos were backed by Sabah Minerals Management’s former CEO, Jontih Enggihon, who also alleged that Chief Minister Hajiji Noor had abused his power for the benefit of his party.

The recordings released to Malaysiakini alleged conversations between Tei and several assemblypersons about the exchange of bribes for his prospective mining licence to be approved.

After nearly one year into the scandal, Tei has yet to receive any protection from the MACC.

Prime Minister Anwar Ibrahim, who had been eagerly championing the banner of a reformed Malaysia, has doubled down, insisting that Tei would not receive any protection.

Redundancy

Yesterday, Tei was charged under Section 16(b)(A) of the MACC Act 2009. The actions brought against him make the Whistleblower Protection Act 2010 completely redundant.

The Act intended to provide immunity and protection to those who disclose improper conduct to an enforcement agency, as clearly outlined in Section 7(1)(b). It was also enacted to provide some form of assurance for those who are hesitant to provide critical information.

Any diversion or delay from the MACC significantly undermines the principles of the Whistleblower Protection Act and will deter future possible whistleblowers from providing information to the agency which seeks to protect them.

The ripple effect of Tei’s prosecution has unequivocally set a precedent for all Malaysians that providing information to the MACC will do more harm than good.

Seen urges the relevant authorities, particularly the MACC and the Attorney-General’s Chamber, to immediately review the charges brought against Tei and to ensure that his protection is guaranteed under the Whistleblower Protection Act 2010.

This, in turn, fosters a greater trust in our government agencies and allows for future and current undecided Malaysians who possess information of improper conduct to speak out.

For Anwar, your promises of reforms and combating corruption depend on it.

MELVIN LO is the chief adviser of Sabah Entitlement & Equity Now, a civic youth organisation dedicated towards promoting civic engagement and advocating for Sabahans’ rightful entitlement.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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