Minister in the Prime Minister's Department Paul Low has urged Putrajaya to recognise that staffing matters for MACC should not be handled by the Public Service Department.
"It is my sincere hope that the MACC can be given the status of a separate service commission in the near future," said Low in a press release today.
This was in view of the Chief Secretary to the Government Ali Hamsa's decision to reinstate two MACC officers who were transferred to the Prime Minister's Department last Friday.
The transfer of special operations director Bahri Mohd Zin ( photo ) and strategic communications director Rohaizad Yaakob had led to outcry and accusations that Putrajaya was interfering in MACC's investigations.
Low, who is the minister in charge of MACC, described the matter as an "misunderstanding" and that ensuring MACC's independence was of paramount importance.
"Staffing matters must be dealt with internally within the ambit of the MACC's own regulations.
"This recent misunderstanding that caused the untimely transfer of the two officers served to highlight an anomaly concerning how the staff of the MACC relate to the civil service structure in general," said Low.
He added that the MACC must always be given the necessary support to perform their assignments.
Strict compliance with natural justice
Malaysian Bar president Steven Thiru ( photo ) described the decision by the government to rescind the transfer order and reinstate the MACC officers as timely and appropriate.
He added that their sudden transfer should not have been issued at all.
"An employee, whether in the private or public sector, and particularly a senior or long-serving employee, should not be subjected to a transfer order as a punitive measure unless there are compelling disciplinary grounds and there is strict compliance with natural justice or the right to be heard.
"Otherwise, the transfer order will be regarded as arbitrary or irrational, and would give rise to a claim of victimisation," Thiru said in a statement today.
Here, he said the unavoidable inference would be that the two senior officers were victimised because of their role in the ongoing investigation, or matters connected to the investigation, into the alleged financial improprieties that appear to implicate Prime Minister Najib Abdul Razak ( photo ).
The allegations must be independently and fully investigated by MACC, Thiru said.
"Any veiled attempt to cripple the investigation, such as by detrimental or prejudicial action directed at the investigators, will not make the allegations disappear, but will instead lend credence to them.
"Furthermore, any perceived step to interfere with the investigation by seemingly targeting investigators will further fuel the already widely-held suspicion or fear of a cover-up or a whitewash to insulate wrongdoers from prosecution for corruption offences," he added.
