PETALING JAYA: Dismissal may be a means to curbing corruption among civil servants but due process must be followed before such drastic action, say anti-graft crusaders.
Transparency International Malaysia president Dr Muhammad Mohan said it is not so simple to sack government employees as there must be ample evidence of wrongdoing.
“If the offences are related to corruption, theft or criminal breach of trust, existing laws can be used to charge and terminate those who are errant. Otherwise, it can be challenged,” he added.
Muhammad Mohan proposed that the government make a Misconduct in Public Office (MIPO) provision a part of the MACC Act.
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He said this would serve to penalise civil servants who have failed in their fiduciary duties to protect the government’s interest and that of taxpayers, citing losses incurred each year as evident in the Auditor General’s Report.
“MIPO is already a strategy item in the National-Anti Corruption Strategy. The government should push to accelerate this amendment,” he said.
Centre to Combat Corruption and Cronyism chief executive officer Pushpan Murugiah said while dismissal is necessary under certain circumstances to curb graft and malpractice within the civil service, due process and caution must be exercised.
He questioned if dismissals are really the best way forward in rooting out corruption, adding that there could be civil servants who had caved in to pressure from powerful individuals involved in corrupt dealings.
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“This is not to say that corrupt and self-serving officers do not exist. They do, and they should be dealt with immediately and effectively – even removed from government service entirely.
“However, it is important that dismissals are not perceived as the go-to solution for dealing with wrongdoings in the civil service, as doing so carries the risk of failing to address the root causes and making lower-ranking officers scapegoats,” he added.
Murugiah said the creation of an ombudsman should be considered to conduct independent investigations on wrongdoings among civil servants.
“The independence of an ombudsman is central to its functioning, allowing for investigations to be conducted free from external influences and preventing disproportionate punishments,” he said.
Malaysian Corruption Watch president Jais Abdul Karim, in echoing the view, said transparency and accountability are crucial elements in terminating civil servants.
“This is to avoid misunderstandings or unfair accusations.
“Whistleblowers must also be given adequate protection as it will encourage more to step forward without fear,” he said.