MACC proposes a circular on improving compliance among government agencies

The Malaysian Anti-Corruption Commission (MACC) is proposing that a new circular be issued to government agencies on suggestions to improve the effectiveness of the commission in eliminating opportunities for corrupt practices.

Its Deputy Chief Commissioner (Prevention) Datuk Seri Mustafar Ali said the circular would become the guideline for ministries, departments, government-linked companies (GLC) and relevant parties in complying with the proposals submitted by the MACC in investigation and consultation papers.

He said the circular would explain in detail including on the existing legal channels, procedural system that should be carried out, and the work flow chart.

"If any government agency or GLC fails to comply with the proposed improvements, the department head or party concerned could be penalised as provided for in the circular," he said in an interview with Bernama recently.

Mustafar said the draft of the circular was still at the discussion level with the Chief Secretary to the Government (KSN) Tan Sri Ali Hamsa and it was hoped that it could be agreed upon and issued next year.

He said the MACC submitted recommendations for improvements in the investigation and consultation papers issued to the government agencies each year.

However, he said, there were instances when the heads of department or certain parties would be slow in implementing the proposed improvements although the MACC carried out schedular monitoring -- three months, six mionths and one year.

"Failure in implementing the improvements is a very serious matter in terms of governance.

"The head of department concerned would be held responsible for any non-compliance. However, if the head of department concerned had directed a specific officer to implement the proposal and the officer concerned failed to comply, then action for non-compliance would be taken against the officer concerned," he said.

Mustafar explained that the MACC Act 2009 Section 7 (c), (d) and (e) empowered the MACC to advise and assist the ministries, departments or any other party if they had any problem in the system of governance and requested the MACC to resolve the problem.

"In the MACC Act, there are provisions to only ensure how the ministry or department concerned complies with the recommendations by the MACC regarding investigations and consultations.

"But, following the issuance of the circular with the clause that states that failure to comply with the circular, action could be taken. We want to have cohesiveness between enforcement and prevention in order to eliminate elements of corruption in total," he added.