Malaysian Anti-Corruption Commission

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"We surely can't depend on the MACC, judging by the evidence presented at the royal commission of inquiry. I wonder if any of the MACC officials will pass a lie detector test."  —  Mustafa Sharif, referring to the Teoh Beng Hock Royal Commission of Inquiry (12 May 2011)


MACC logo

The Malaysian Anti-Corruption Commission (MACC) (Malay: Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)), formerly Anti-Corruption Agency (ACA) or Badan Pencegah Rasuah (BPR), is a government agency in Malaysia that purports to investigate and persecute corruption in the public and private sectors. Supposedly modeled after top anti-corruption agencies such as the Independent Commission on Anti-Corruption (ICAC) in Hong Kong, and the Independent Commission Against Corruption in New South Wales, Australia, the agency is currently under the Prime Minister's Department. The current Chief Commissioner, Datuk Abu Kassim Mohamed. He was appointed in January 2010 to replace former Chief Commissioner Datuk Seri Ahmad Said Hamdan.

The MACC Selangor office at Jalan Cochrane, Kuala Lumpur, where Ahmad Sarbani Mohamed, Selangor Customs Assistant Director, was found dead on the 1st floor badminton court, after falling from the 3rd floor on 6 April 2011.


2.  There are supposedly 5 independent bodies that monitor the MACC to ensure its integrity and to protect citizens' rights: [3]

  1. Anti-Corruption Advisory Board;
  2. Special Committee on Corruption;
  3. Complaints Committee: To monitor complaints about non-criminal conduct against the Commission's officers, to identify weaknesses in the Commission's procedures that could cause complaints to arise, and to make suitable recommendations about the Commission's procedures,if necessary;
  4. Operations Review Panel; and
  5. Corruption Consultation and Prevention Panel.

3.  Ineffective anti-graft body: In October 2012, MACC Deputy Chief Commissioner Datuk Mohd Shukri Abdul pointed out that, under Section 23 of the MACC Act 2009, it is difficult to charge a decision-making officer for corruption, if there is no evidence showing him or her to have awarded government project contracts with interest conflicts: "It is why those who have awarded government contracts to their husbands or sons can evade getting caught. It is not necessary for the decision-making officer to attend the meeting when the decision is made, as other attendees would know what to do to impress him or her... It is indeed hard to find evidence showing one has used his or her power to gain profits. For example, if some government agencies take the initiative to provide manpower and other resources to help the son of a senior official hold a wedding party, can we call it a corruption practice?" [4] Mohd Shukri added that the MACC has charged many public officials under Section 23, but the loophole has enabled many big fish to get away. Under the existing laws, it is helpless, even if the people know that children of a high-ranked official are keeping hundreds of millions ringgit in their bank accounts.[4]


4.  Controversies:

  1. There were 59 police reports between 2005 and 2010 which accused the MACC of using force in its interrogations.[5] Alleged torture include stripping naked those who are under investigation, blindfolding and kicking them in the stomach, officers taking turns to slap them, hitting them with cable wires or an iron rod wrapped in newspapers, besides caning them on their private parts and on the soles of his feet, according to a police report lodged by a complainant.[6][7]
  2. Refusal to cooperate with the Malaysian police in abuse complaints that were lodged against them: DSP Kamaruddin Ismail, Shah Alam Police CID Chief, had said that MACC's failure to provide the necessary documentation had stalled 13 out of 20 investigation papers against the Selangor MACC from 2005 till 2009.[6] All 13 cases involve MACC Asst. Superintendent Mohd Ashraf Mohd Yunus.
  3. On 16 July 2009, Teoh Beng Hock was found dead on the 5th-floor corridor of Plaza Masalam in Shah Alam, after he was questioned overnight by MACC officers at their then-Selangor headquarters on the 14th floor.[6]
  4. On 6 April 2011, Ahmad Sarbani Mohamed, Selangor Customs Assistant Director, was found dead hours on the 1st floor badminton court of the MACC office in Jalan Cochrane, after falling from the 3rd floor. He had gone to the MACC building that morning to request a meeting with the investigating officer without prior appointment over an alleged involvement in a Customs syndicate laundering RM3 billion via unpaid taxes.[8]
 more... at Chronology



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