MACC push for laws to punish civil servants who cause high losses in public funds

PUTRAJAYA: The Malaysian Anti-Corruption Commission (MACC) is pushing for laws to punish civil servants who cause high losses in public funds through negligent and unethical practices in their respective government departments with criminal charges.
With current laws, civil servants who are off the hook for power abuse and corruption due to insufficient evidence or other technicalities merely face internal or disciplinary action.
The MACC is in the opinion that without laws to address such misconduct, it may become a loophole for the offenders, who may simply be let off with disciplinary action.
The law proposed by the MACC is called the Misconduct for Civil Service Act.
MACC deputy chief commissioner (operations) Datuk Azam Baki told theSun that the proposed provision will be an alternative law to prosecute civil servants for misconduct and hold them responsible for the losses to public coffers they might have caused.
"The law itself, we hope will act as a deterrent to those who abuse their powers. It is to send out a strong message to wayward civil servants that they cannot get away scot-free after causing substantial losses in public funds even after they are cleared of elements of corruption and power abuse. This makes them more responsible and prudent when spending public funds, safeguarding it from leakages." he said.
He said currently misconduct is dealt with under the General Orders and Public Services Act which are insufficient in deterring and penalising offenders.
However, Azam said the MACC hopes to integrate the law into the MACC Act and not have it as an independent act.
"It is relevant to the MACC's work and we hope to have it embedded as a provision in the MACC Act. A proposal has been made to the Attorney-General Chambers and the MACC has almost completed the draft. The Chambers is very receptive to it and has advised us to prepare the Cabinet papers for the perusal of the Prime Minister's Department and lawmakers," he said.
He said the MACC hopes the law will be in place next year after discussions are held with the Chambers, PM's Department and lawmakers.
The proposal by the MACC comes following the endless reports of malpractice and discrepancies in the management of public funds yearly by the Auditor-General whereby a bulk of those responsible for the loss of tens of million ringgit are not dealt with severely under existing laws.
Meanwhile, Transparency International-Malaysia president Datuk Akbar Satar who lauded the proposal said prior to the enactment of the law, the MACC must carry out an in-depth study to clear possible flaws to ensure it can be effectively applied.
He said often civil servants responsible for causing financial losses had taken orders from their higher-ups including politicians.
"However, when these civil servants run into trouble their bosses who gave the orders to the expenditure in question are often nowhere to be seen, leaving them to fend for themselves. Such civil servants are torn between doing the right thing and taking orders.
"There are 'consequences' they may face if they refuse and then there are consequences they face when they are caught. Obviously, they are concerned about their future and livelihood.
"Hence, the law should get to the root of the case and nail both the master and the executor. It is only fair that those who had ordered such expenditure be held responsible and face the music too.
"All loopholes found during the process of planning such a clause must be plugged before it is enacted," he told theSun.