Azam controversy a litmus test of Harapan-govt MOU: Kit Siang
- UPDATED 3.19PM | Added Lim Guan Eng's statement on the matter.
The government's handling of the controversy surrounding MACC chief commissioner Azam Baki's share ownership will serve as a litmus test on the memorandum of understanding (MOU) between Pakatan Harapan and the government, said DAP supremo Lim Kit Siang.
"I have been asked whether the Azam debacle would lead to the end of the MOU signed between Prime Minister Ismail Sabri Yaakob and the four Harapan leaders on Sept 13, 2021.
- UPDATED 3.19PM | Added Lim Guan Eng's statement on the matter.
The government's handling of the controversy surrounding MACC chief commissioner Azam Baki's share ownership will serve as a litmus test on the memorandum of understanding (MOU) between Pakatan Harapan and the government, said DAP supremo Lim Kit Siang.
"I have been asked whether the Azam debacle would lead to the end of the MOU signed between Prime Minister Ismail Sabri Yaakob and the four Harapan leaders on Sept 13, 2021.
"Whether the MOU will be ended before July 2022 should be based on whether the terms are being complied with and whether the Ismail Sabri government has crossed 'red lines' to make it impossible for the continuation of the MOU," Kit Siang said in a statement.
The MOU, among others, entailed the formation of various parliamentary select committees to improve oversight of the government.
The Special Select Committee on Agencies under the Prime Minister's Department's attempt to question Azam, however, has stalled after its chairperson Abdul Latiff Abdul Rahman, who is PAS' Kuala Krai MP, cancelled the hearing following the MACC chief's protest.
"It was agreed in the MOU that there must be parliamentary reforms like the establishment of more parliamentary select committees and to amend the parliamentary standing orders to make the parliamentary select committees work meaningfully.
"Azam-gate will be a test case for the MOU whether the parliamentary special select committee on agencies under the Prime Minister’s Department can function meaningfully," he said.
Under the MOU, Harapan agreed not to obstruct the government's key legislative agenda in exchange for reforms.
"The content of the MOU is a public document, and there are no secret clauses.
"If any party to the MOU fails to comply with its terms, then either party is entitled to end the MOU.
"For instance, I understand that the Ismail Sabri government does not want to comply with one of the important terms, and if so, this will trigger a situation where one of the parties will have to consider whether there is any purpose in continuing the MOU," he added.
Kit Siang said the MOU was made possible with the end of Umno's hegemony and stopped Harapan's MPs from being used in the "Game of Thrones" between government parties jostling for power.
He added that Harapan had agreed to the MOU to unite efforts amid the Covid-19 pandemic and push for reforms.
However, he said Harapan should not become slaves to the MOU.
Controversy undermining credibility
Kit Siang said the Azam controversy had undermined the credibility of various agencies, the latest being the Securities Commission (SC), and the government should not allow more casualties.
"How the SC could perform a miracle within 24 hours to transition from 'not able to conclusively establish a breach' to 'arrived at the decision that there was no breach' is in a different realm altogether and need not tarry us here.
"What should concern us is that Azam-gate has claimed another casualty in the ever-widening scandal, which has again made Malaysia the object of international odium and infamy," he added.
Azam came under the spotlight over his ownership of 1,930,000 shares in Gets Global Berhad (previously KBES Berhad) on April 30, 2015, worth around RM772,000 at the time.
His shareholding in Gets Global Berhad went down to 1,029,500 as of March 31, 2016, worth around RM340,000 at the time.
He also held 2,156,000 warrants in Excel Force MSC Berhad in March 2016.
The share ownership in 2015 and 2016 had raised questions on whether it was commensurate with his income as a public servant and conflict of interest concerns.
Azam claimed the shares were not his but purchased by his brother in his name, prompting the SC to also get involved over the possible misuse of his trading account.
The SC had since concluded that there was no misuse of the share trading account as Azam was in "control" of his account.
Ismail Sabri has called all parties to accept the SC's decision.
However, questions on his ownership of the shares and whether he declared them as a public servant remains unanswered.
'Justifying the unjustifiable'
Kit Siang blasted the cabinet for turning a blind eye to these questions.
"The ministers proved that they had done more than the proverbial three monkeys – ears that hear not, eyes that see not and mouths that speak not - by going one step further, to justify the simply unjustifiable," he said.
Amid the controversy, Kit Siang lamented the country's decline.
"I am in rare agreement with former prime minister Najib Abdul Razak, who had brought Malaysia to the infamy of a kleptocracy, that we have received another fatal blow in our attempt to buck-up to achieve the status of a world-class great nation before Malaysia’s centennial in 2063 – the decision of the Massachusetts Institute of Technology (MIT) from the US and Tsinghua University of China to choose Indonesia and not Malaysia to set up a joint university campus.
"We seem to continue in the downward spiral to a kakistocracy after becoming a kleptocracy – as recently illustrated by the MIT-Tsinghua University decision, Azam-gate, the floods disaster and Malaysia’s poor performance in the two-year Covid-19 pandemic.
"Are we heading to be a failed state in the next few decades? What is the stand of Umno, Bersatu and PAS on Azam-gate?" he said.
In a separate statement, DAP secretary-general Lim Guan Eng reminded the prime minister that the opposition will not accept decisions that are made wrongly and contrary to the law.
"When Azam expressed gratitude that the SC had cleared him of wrongdoing for allowing his shares trading account to be used by his brother to acquire millions of shares in listed companies, this is clearly wrong because like any functional capital market in the world Malaysia had also outlawed proxy share trading," he said.
'Hydra of lies'
The Bagan MP claimed the SC's conclusion that Azam had sole control of his trading account also meant that he had lied when attempting to justify his shares ownership.
If Ismail Sabri accepts the SC's decision, Guan Eng said, the premier should take action by asking the MACC chief to go on leave pending "an independent and impartial investigation by a credible panel who can carry out their duties without fear or favour."
"In other words, Azam lied when he tried to justify his holdings of millions of ringgit of shares and share transactions by claiming that his share trading account was used as a proxy by his brother. The Azam scandal has now turned into a hydra of lies when one lie is exposed, more is required to cover up.
"Clearly this is a devious conspiracy by Azam to hide his unexplained wealth of shares and extraordinary volume and quantum of shares trading beyond his financial ability as a civil servant.
"This is what the prime minister should focus upon to get to the bottom of the Azam shares shenanigans by seeking truth from facts instead of manipulating reality to hide criminal wrongdoing," Guan Eng added.
