KOTA KINABALU: The Malaysian Anti-Corruption Commission (MACC) is exploring the possibility of adopting elements of United Kingdom law to manage large-scale corporate cases in Malaysia.
MACC chief commissioner Tan Sri Azam Baki said discussions are underway with the Attorney General’s office to assess whether the Deferred Prosecution Agreement (DPA) legal framework could be adapted for local use.
"The DPA is about deferring the prosecution based on certain settlements.
“Both MACC and A-G’s office are examining all aspects to ensure it's suitable for implementation in Malaysia. Although we may not adopt it in its entirety, we aim to use it as a benchmark, drawing on practices from both the UK and the United States" he said.
Azam expressed confidence that it would improve the country’s Corruption Perceptions Index (CPI), stressing the importance of the need for tangible actions rather than just words.
“The watchdog is looking at us on what kind of improvement and initiative, what we are doing and planning to do, as well as our achievements. So we cannot just talk, it must be executed,” he said to the media after the 2024 Integrity, Governance, and Anti-Corruption Convention (KITA), here, on Monday (Oct 14).
“We have established a task force and appointed five consultants who would be responsible to help MACC to learn what is perceived by our respondents, who are from foreign countries, mostly expatriates and business people,” he said.
The task force comprises representatives from the Accountant General's Department, Universiti Teknologi Mara, Companies Commission of Malaysia, Malaysian Institute of Accountants, Malaysian Institute of Chartered Secretaries and Administrators and Multimedia University, ensuring a broad base of expertise.
He said out of the nine areas that impact MACC’s CPI, only one is directly related to enforcement, which falls under its responsibility, which include freedom of speech, human rights, and business ethics.
“The government's efforts to create a better business environment will attract more investors. Reducing bureaucracy, as evidenced by the Prime Minister's engagement with international stakeholders, is a factor that will positively influence our CPI,” he said.
Azam added that MACC is focusing on strengthening governance in the public sector.
“Reducing negative perceptions, particularly concerning law enforcement, will have a broader impact on other indices as well,” he said.
Meanwhile, Azam stressed that only critical laws from the 2,000 outdated laws should be reviewed, adding that it is unrealistic to conduct legal reforms in a matter of months.
He cited the pre-Merdeka election law as an example, noting that there is a section in the Elections Act 1958 that prohibits hosting banquets during election campaigns.
“This provision is no longer practical, as banquets are now common in election campaigns. This is just one example, and it will be up to the Election Commission to decide whether the law needs to be revised. There are many other laws requiring attention, especially with the recent introduction of several trusts,” he said.
