Reform of MACC is long overdue

Image: Berita Daily

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Of late, a growing chorus across the political and civil spectrum, including the transport minister, digital minister, a cross-party coalition of 34 MPs, major political parties such as Pas, and over 50 civil society organisations including C4 Center and Bersih have called for the establishment of a royal commission of inquiry following grave allegations involving the Malaysian Anti-Corruption Commission (MACC) and its officers.

Damning findings were made by the Court of Appeal and the Federal Court (in Syed Saddiq bin Syed Abdul Rahman v Public Prosecutor (2026).

Both courts noted that certain witnesses were subjected to improper pressure during investigations by the MACC to tailor the evidence to suit the prosecution’s case.

Affirming the acquittal in a supporting judgment, Federal Court judge Collin Sequerah held:

[196] There was credible evidence given by PW13, PW10 and DW12 that they were subject to some measure of improper pressure by the officers from the MACC. PW12, the wife of PW13, had saw fit to lodge a police report in this regard.

[197] …I find myself in agreement with the COA that in light of the unexplained inconsistencies in the evidence of PW13 at all levels of his testimony, that there arises a reasonable inference that as there was evidence that improper pressure brought to bear on other witnesses as well as upon PW13, that PW13 was constrained to tailor his evidence to suit the prosecution case…

The outcome of the police report, together with the formal complaint lodged by Syed Saddiq to the then-MACC chief commissioner, remains unknown.

However, what is known is that the judicial findings by the highest courts of our country regarding the conduct of MACC officers only serve to further erode public confidence in the MACC.

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For the longest time, the Malaysian Bar has called for the institutional reform of the MACC.

On 28 July 2015 the Malaysian Bar, C4 Center, the Institute for Democracy and Economic Affairs (Ideas), Citizens’ Network for a Better Malaysia and Transparency International Malaysia submitted a joint memorandum to reform the MACC, for it to comprehensively address and deal with corruption.

In 2018 and again in 2023, we submitted proposals to the government to establish an Anti-Corruption Service Commission through a constitutional amendment, to strengthen the independence of the MACC, to reinforce whistleblower protection and introduce greater and meaningful institutional safeguards for the proper working of the MACC.

Nothing changed.

The Syed Saddiq case makes clear that there is a dire need to reform the MACC in the light of due process expectations and the rule of law.

The Malaysian Bar agrees with the call by the transport minister, digital minister, 34 MPs, Pas and civil society organisations for the government to establish a royal commission of inquiry to thoroughly investigate the judicial findings and all allegations of misconduct and to evaluate existing oversight mechanisms and recommend structural reforms, including the creation of an independent Anti-Corruption Service Commission.

Reform is long overdue. – Bar

Anand Raj is the president of the Malaysian Bar.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

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