The proposed Malaysian Anti-Corruption Commission (MACC) will have extensive powers to act against relatives of individuals implicated in complaints of graft.

nazri abdul aziz and parliament 131108 Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz told the Dewan Rakyat this when tabling the MACC Bill for the second reading today.

Unlike the Anti-Corruption Act 1997, the MACC Bill widens the definition of ‘relatives’ to include in-laws, nieces, nephews, uncles, aunts and cousins of the person subject to investigation.

“The absence of (a wider definition) made it impossible to take action against this group if the case involves them,” he explained.

Nazri, who is de facto law minister, said the new provisions are found in Clauses 23 and 36 of the Bill.

Offenders could face a maximum jail term of 20 years or fined not less than five times the monetary value of the bribe or a minimum of RM10,000, whichever is higher.

In addition, foreign public officials who abuse their position to accept bribes are also subject to prosecution under the proposed law.

“This provision is drafted to meet the provisions of Article 16 of the United Nations Convention Against Corruption that Malaysia had ratified in September last year,” said the minister.

abdullah ahmad badawi pak lah 110907 Prime Minister Abdullah Ahmad Badawi tabled the MACC Bill for first reading in Parliament last week. The new body is expected to replace the Anti-Corruption Agency early next year.

Pakatan Rakyat MPs have, however, expressed reservations to the draft law, including the fact that MACC will not have prosecutory powers.

Government’s determination

Nazri claimed that the setting up of a bi-partisan Special Committee on Corruption, among other mechanisms, is a reflection of the government’s determination to battle graft.

aca bpr anti corruption agency 271107 “The ACA’s freedom to act has always been questioned by certain quarters including the opposition. Therefore additional measures are needed to eradicate negative perceptions,” he said.

“The committee will comprise MPs from both sides of the political divide. They will be appointed for a three-year term (that is renewable once),” said Nazri.

Nazri said clause 15 of the MACC Bill provides for a Complaints Committee to be set up to monitor non-criminal violations by MACC officers.

This will ensure that officers conduct their duties with professionalism, he said, adding that the provision makes MACC “the only law enforcement agency with such a mechanism”.