I was bewildered by the recent court case between Penampang Umno division chief John Ambrose and Kadazan Dusun Murut Malaysia president Peter Anthony over claims of an outstanding commission payment worth RM200 million as reported on Dec 23 in the Daily Express .

There were allegations that a RM1.29 million "professional fee" had been paid for just three letters and lobbying expenses to secure a project worth some RM2 billion. Even the name of Prime Minister Najib Abdul Razak was mentioned several times.

The court has ruled that the contract was void as being against public policy, in accordance with Section 24e of the Contract Act 1950.

As this case has been made public, I wonder if the Malaysian Anti-Corruption Commission (MACC) would step up and clarify to many puzzled minds on the legality of such practices i.e. paying a “professional fee” for contract lobbying, especially when it involves politicians.

According to audit firm KPMG’s Fraud, Bribery and Corruption Survey 2013, 16 percent of Malaysian businesses have experienced irregular practices of which up to half of those incidences concerned "influencing people in making/delivering a favorable treatment to buy goods and services that otherwise would not have been demanded; because the goods and services offered would never be chosen in a fair competition."

The same survey has alarmingly revealed that majority 71 percent of respondents believed that bribery and corruption is an "inevitable cost" of doing business, which if allowed to be rampant and not in check, would surely affect the country's business competitiveness globally.

I believe that the MACC - as a body tasked with promoting integrity and accountability of public and private sector administrations - would do much to help allay the public's confusion on this matter, by explaining what would constitute as lawful or unlawful actions under such circumstances, and in this particular case, procuring the contracts and relevant fees applicable.

If there is no enforcement action - though there are clear cut guidelines - businesses will not be able to move forward and engage in activities when it concerns grey areas such as “professional fees” deemed against public policy, and seemingly concerning politicians.

I urge the MACC, who has always presented itself as champion of clean practices, to step up, investigate and clear up the situation with a sense of urgency for the benefits of businesses in Malaysia.

The public would be disappointed if the MACC chooses to remain silent instead, as this is an issue which concerns the public interest.


JUNZ WONG is DAP Socialist Youth (Dapsy) national publicity secretary and assemblyperson for Likas.