COMMENT The Malaysian Anti-Corruption Commission (MACC), which was established on Jan 1, 2009 as the sole anti-corruption agency that is independent, transparent and professional as signified in the 'Aspiration of MACC', requires the support from everyone to ensure the vision, mission and objectives of its establishment are achieved.

 

The support may be through collaborations and support in the noble effort to combat and eradicate the crime of corruption, or in terms of financial support from the government.

 

As an agency that is persistently working towards carrying out various operations and prevention activities, as well as constantly reinforcing its capability, MACC needs sufficient budget and financial allocations.

This is expected in our efforts to face the mounting and constant challenges in the era of technology and communications and when the crime is becoming sophisticated and criminals try to be one step ahead of the enforcement.

 

While MACC appreciates the concern expressed by Kampar MP Ko Chung Sen ( left ) on March 24, MACC wishes to highlight and strengthen some points and to lay down some facts to ensure that the public is clear of the figures mentioned by Ko.

 

Ko was of the view that the conviction rate of corruption cases in the five years since 2008 was only 25 percent. He also claimed that MACC has spent RM938 million since 2008, but only managed to collect RM48 million in penalties between 2008 and 2012.

 

MACC finds the calculation made by Kampar MP is inaccurate as it was not analysed accordingly from the various aspects of corruption prevention and law enforcement which are conducted by the MACC in particular and generally by other enforcement agencies.

 

MACC is of the opinion that it is very unfair to compare the number of cases investigated and conviction rates. The same can be said if a comparison is made against the total budget allocated to MACC.

 

Better than Hong Kong

 

As the representative of the people, the MP surely knew that MACC is a law enforcement agency and realised that not all cases which are being investigated will end up with legal actions taken in court. Moreover, not all cases that are brought to court would end up being convicted. This fact is certainly understood by all.

 

There are cases that are generally known to the people as corruption offences, but  nevertheless due to insufficient evidence, these cases were not charged in court. There were also cases that failed to get convictions due to, among others, witnesses having defaulted or committed perjury, or due to technical shortcomings in the legislation.

 

MACC wishes to point out that the conviction rate in the lower courts has increased from 54% in 2009 to 84% in 2013, and this figure has surpassed the international standard.

 

Many quarters have often compared MACC with the Independent Commission Against Corruption (ICAC) Hong Kong. The ICAC conviction rate recorded is at 83% in 2009, 84% (2010), 81% (2011) and 78% (2012). It declined over the last three years.

 

Comparatively, the conviction rate in our country is at 85% in 2012. In terms the total cases charged in court, MACC recorded 176 cases in 2009, 381 (2010), 297 (2011) and 296 (2012). ICAC Hong Kong has brought 342 cases to court in 2009, followed by 393 (2010), 283 (2011) and 245 (2012).

 

Comparatively, the budget received by MACC is far lower than those allocated to the ICAC. It is undeniable that MACC's allocation has increased from RM161 million in 2009 to RM166 million in 2010; RM202 million (2011), RM211 million (2012) and RM251 million (2013). 

 

Though the allocation given to MACC, which has over 2,700 staff - including 600 investigation and intelligence officers - has increased in the last five years, it is still lower than ICAC’s, which has over 5,000 numbers of human capital strength.

 

The financial allocation for ICAC Hong Kong in 2009 is RM312.6 million, 2010 (RM297.3 million), 2011 (RM318.3 million) and 2012 (RM338.7 million).

 

Operations not cheap

 

MACC wishes to clarify that the results of MACC's ‘investment' or spending in the enforcement and corruption prevention do not emerge overnight.

 

The spending not only involve the investigation and intelligence activities but also include the managing aspects of the MACC or other functions of the commission such as prevention, consultation and inspection services as well as management.

 

Based on the allocated budget for MACC, over 60% of the allocation involved emolument - the salary and allowances of the staff and officers. Almost 35% involved building rental, utilities, building maintenance, community education and prevention programmes, and 5% utilised for assets procurement and rental such as office, ICT and technical facilities.

 

MACC currently has several offices in all states and does not share with other agencies to ensure its independence in its operations. With its own building, the public can just walk in to lodge a report on corruption with ease and comfort, without fear and avoiding one’s identity being exposed. 

 

Possessing its own building involves utility and maintenance costs. However, because MACC's headquarters in Putrajaya could not house all the existing staff; it has to rent several buildings in Putrajaya, which also involves high rental cost.

 

Other than the intelligence and investigation, MACC also provides consultation services to prevent corruption. This role is taken by the consultation and inspection division. In August 2013, the Public Integrity Management Division was established to improve the integrity aspects.

 

Help to boost national revenue

 

Community education too plays its own role in disseminating and create public awareness on corruption prevention efforts. These three divisions organise various activities and programmes, which definitely will require certain allocations and time to show significant impacts.

 

For instance, in 2012, the consultation and inspection division has given 20 recommendations in terms of advice to government agencies including the National Feedlot Project and Operation 3B. 

 

For the past five years since 2008, the community education division has organised over 10,000 talks. The division has also organised forums, discussions and briefings from time to time.

 

Various actions by MACC, directly or indirectly, have enabled MACC to assist the government agencies in multiplying the national revenue, as well as avoiding misuse of funds and wastage. 

 

Reports prove that MACC managed to save millions of ringgit subsequent to its actions taken against diesel smuggling, as well as indirectly contributed to the country in the form of increases in the duty and tax collections.

 

MACC is a law enforcement agency established under the Malaysian Anti-Corruption Commission Act 2009 to enhance the effectiveness and competency in corruption prevention in Malaysia, as well as to improve the independence, transparency and professionalism in carrying out its functions. 

 

MACC is also supported by the check-and-balance mechanism in fulfilling the public expectations towards the performance of the MACC in executing its designated legal obligation and the aspirations of the people.

 

Therefore, MACC wishes the above explanation will clarify some confusion in the statistics. MACC is willing to invite Ko as well as other members of parliament to meet MACC should they need further clarification in this issue.

 

'Dollars worth' measure inappropriate

 

In conclusion, MACC was established as a law enforcement agency and that appropriate and adequate financial support is allocated to carry out the prevention and enforcement functions. Thus, it is definitely irrelevant and inappropriate to apply the immediate ‘financial returns' to measure the success and performance of the MACC.

 

MACC is not a business entity which could be measured according to its profits and losses, and should not be seen in such short-term outcomes.

 

The impact brought by the budget allocated to MACC should be considered from the tangible and non-tangible angles. As an example to illustrate the investigation achievement or actions on operations, last year MACC has conducted investigations and prosecuted a doctor in a military hospital on falsification and fraud involving medication and medical facilities amounting to RM6 million. 

 

The tangible results are that several charges were brought against the doctor who had received RM700,000 in corrupt money, and misused government properties for his own benefit.

 

Nonetheless, the intangible result from the outcome of enforcement is that MACC has successfully stopped the misuse of position, forgery and misappropriation by the doctor in the long term. 

 

MACC also provides consultation services on the existing system's ineffectiveness or shortcomings, the existence of opportunity for corruption and to improve the procedures.

 

As an agency to combat and enforce relevant laws, using financial returns rate as a measurement of achievement and performance of MACC is certainly irrelevant, inappropriate and it is not a responsible statement made by an MP.

 

The understanding of the roles and responsibilities of MACC as well as the outcome and impact of the noble job and functions of MACC are much more important and significant.

 

Let's fight the crime of corruption and score bigger achievements in the eradication of corruption, rather than questioning or disputing the abilities of MACC.

 

MUSTAFAR ALI is the director of MACC's investigation division.