PETALING JAYA: A new format for asset declarations by ministers and high-ranking civil servants is not enough and there should be an independent body or a specific law to govern this, say some anti-graft experts.
“We need a specific assets declaration law. If not, they (politicians) will just trample on this new format like what has been happening,” said Centre to Combat Corruption and Cronyism (C4) founder Cynthia Gabriel.
She said asset declarations have been important in ensuring transparency and allowing citizens to track the integrity of politicians.
Gabriel was commenting on the announcement that a new format for asset declarations by MPs and administrative members has been finalised and will soon be presented to the Cabinet for consideration.
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran said the proposed format was tabled and agreed upon by the Special Cabinet Committee on National Governance chaired by Prime Minister Datuk Seri Anwar Ibrahim on Jan 8.
He said the new format was an improvement over the asset declaration system introduced in 2018.
A coalition of civil society organisations called CSO Platform for Reform said Malaysia needs an independent asset declaration unit that has the authority to scrutinise declared assets, similar to the existing system in Singapore.
“The declaration of assets by ministers and Cabinet officers is also necessary and a good practice in showing elements of transparency and accountability to the people,” it said.
It also argued for the formation of an independent property declaration unit, separate from the Prime Minister’s Department, the Malaysian Anti-Corruption Commission (MACC) and the police, that can initiate investigations into asset declarations.
“The model can be seen in Singapore which established the Corrupt Practices Investigation Bureau for the purpose of conducting random audits to verify the accuracy of property declarations,” it said.
However, C4 chief executive officer Pushpan Murugiah said instead of having a separate body to govern asset declarations, the government should focus on improving current mechanisms.
He suggested an ombudsman to act as a check and balance in the event of non-compliance with asset declaration procedures.
“There is no need for a separate body for regulating asset declarations by public officers. The existing regulations – which are overseen by the Public Service Department – require asset declarations to be made in writing to the relevant heads of the department.
“Seeing that one of the main purposes of asset declarations is to facilitate public disclosure, it should fall upon individual departments to ensure that this information is not just declared within the department but also made publicly accessible.
“Failure to do so could be established as grounds for official complaints to be submitted to the departments for resolution, or even to the proposed ombudsman,” he told The Star.
However, in the case of MPs and administration members, Pushpan said the responsibility can be extended to the Parliament or Auditor-General’s Office.
“This is especially vital given the powers over financial matters vested in ministers and other high-ranking executive members, and hence their decisions should be subject to review and management by a body in which their influence does not hold as much authoritative weight,” he added.
Former Transparency International Malaysia president Datuk Seri Akhbar Satar agreed, saying it was more imperative to empower the current MACC Act by amending several provisions rather than introducing new laws or organisations.
He said the MACC should be given more enforcement power when handling asset declaration information, rather than just being a caretaker.
“There is no need for a new law, instead, the MACC should take over it as a whole. It is already credible enough and has the expertise.
“The commission should also be given the authority to investigate if it finds any discrepancies in declarations,” he said.
Akhbar also suggested the new format include declaration renewals every two years.
“When a person is appointed (into public office), he must declare his assets. And the same must be done after two years in office as well as when he resigns or retires,” he said, adding that politicians should not evade the responsibility if they have nothing to hide.
“Their refusal to do so would give the impression that they want to hide something from the authorities and the public,” added Akhbar.
