Protect those who expose graft

SHE was the first woman to be appointed Custom’s director-general. And in just six months, Datuk Anis Rizana Mohd Zainudin has proven to be an exemplary chief who will brook no nonsense.

Last month, 34 Customs officers assigned to the KLIA Cargo were arrested by the Malaysian Anti-Corruption Commission in connection with smuggling activities, which was believed to have caused a leakage of a whopping RM2bil from the country’s revenue over the past two years.

Anis Rizana’s prompt action earned her praise from Prime Minister Datuk Seri Anwar Ibrahim at the Finance Ministry’s monthly gathering on April 2.

Anwar also reminded civil servants that this was the kind of action he wanted to see from heads of departments, instead of those trying to hide and protect those who commit wrongdoings.

He is right. Action must be taken against civil servants who are involved in misconduct and corrupt practices.

Those protecting them or working in cahoots to cover up their misdeeds should also be held responsible.

The numbers are worrying. The Selangor MACC revealed last year that civil servants made up the biggest group detained for investigations into corruption, irregularities and abuse of power between 2018 and 2022.

Meanwhile, MACC chief commissioner Tan Sri Azam Baki said last year that there was a growing number of corruption cases among civil servants in Grade 54 and above.

These are senior officers with salaries of about RM10,000 or above, besides allowances and perks!

The situation is critical, and Anwar’s reminder that civil servants must report wrongdoers among their colleagues was much needed.

It is not just civil servants, it’s everyone’s duty to report wrongdoers. However, many may be hesitant to come forward for of fear of repercussions. They may be targeted if it is known they have told on their colleagues.

This is why whistleblowers must be assured that they will be protected. We have seen how whistleblowers have been on the wrong end of the stick in the past.

One prominent case is that of current Economy Minister Rafizi Ramli who was sentenced to 30 months in jail for offences under the Banking and Financial Institutions Act (Bafia) after exposing the National Feedlot Corporation Sdn Bhd (NFC) scandal.

The Whistleblower Protection Act 2010 (Act 711) is meant to provide protection for a whistleblower who reveals inappropriate behaviour or improper conduct to any enforcement agency, provided that such disclosure is not specifically prohibited by any written law.

However, the Act has its limitations. For example, disclosing information which falls under the Official Secrets Act (OSA), even if there is misconduct, would amount to an offence under the OSA.

This also automatically disqualifies the whistleblower from protection under the Act 711. Section 203A of the Penal Code also makes it an offence for any public official to disclose information obtained while performing their duties or exercising their functions.

They can be fined up to RM1mil, jailed for up to one year or both. These laws can make whistleblowers, especially civil servants, fear reporting any wrongdoings.

To better protect whistleblowers, the government must see the proposed amendments to the Act 711 through as soon as possible. It has taken too long already. The study to amend the act has been going on since 2019.

Deputy Minister in the Prime Minister’s Department (Law and Institutional Reforms) M. Kulasegaran told the Dewan Rakyat last month that the amendments could be tabled this year.

Kulasegaran also said there would be specific amendments to Sections 2, 3, 5, 6, 9, 11, 12, 13, 14 and 26 of the Act.

These sections include the interpretation of the law, general powers of enforcement agency, power of minister to issue directives, co-operation with other agencies, co-operation with other agencies, disclosure of improper conduct, immunity of civil and criminal action, revocation of whistleblower protection, investigation of improper of conduct, finding of enforcement agency after investigation of improper conduct, investigation into complaints of detrimental action and findings of enforcement agency after investigation and rewards.

Kulasegaran said the proposals involved the setting up of a centralised agency that would provide training and procedures in providing protection to whistleblowers.

Centre to Combat Corruption and Cronyism chief executive officer Pushpan Murugiah said recently that there must be stronger whistleblower protection by including an ombudsman’s office under the Whistleblower Protection Act.

“An agency can act as an ombudsman, where whistleblowers can report corruption knowing they will be given adequate protection,” he said.

Apart from protection of whistleblowers, anti-graft crusaders have also called for provisions such as the Misconduct in Public Office to be added to the MACC Act.

In proposing this, Transparency International Malaysia president Dr Muhammad Mohan said this would hold civil servants accountable for their inaction or failure in fiduciary duties.

Civil servants must uphold integrity by not only being honest, open and transparent in their dealings, but also by reporting improper conduct.

For civil servants to serve without fear and favour, whistleblowers must be protected and not persecuted.

Corruption is a cancer that has plagued this country.

The civil service, as an integral pillar of the nation, should be the paragon of good and clean governance and integrity.