MACC: Whistleblowers involved in crimes are not protected by law

MALAYSIAN Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki clarified that whistleblowers involved in crimes they expose are not eligible for protection under the Whistleblower Protection Act.

The law, as stated in Section 11(1), allows enforcement agencies to revoke protection if the whistleblower is complicit in the crime.

“The law states that enforcement agencies can stop protecting a whistleblower if it was found that they were complicit in the crime they want to expose,” he said in a speech at a shooting competition with the media here.

Amid calls to protect a whistleblower alleging corruption by Sabah assemblymen, Azam emphasised that whistleblower protection requires compliance with legal procedures, including reporting directly to enforcement agencies.

Publicly revealing information before reporting disqualifies individuals from protection.

Azam reiterated MACC’s commitment to safeguarding whistleblowers’ identities and immunity if the Act’s conditions are met, while also stressing that failing to report bribery is a punishable offence.

A businessman’s allegations of corruption involving Sabah politicians have raised questions about Malaysia’s whistleblower laws and Sabah’s governance. The claims revolve around political funds given to Sabah figures in exchange for favours, including a prospecting mining license.

The businessman alleged the promised license was instead awarded to someone linked to the Sabah Chief Minister Datuk Seri Hajiji Noor, prompting him to expose the issue and seek federal whistleblower protection.

Mineral licensing falls under state agencies controlled by the Chief Minister’s department, highlighting the significant influence of the office over such approvals. — Nov 16, 2024

 

Main photo credit: Bernama

Subscribe and get top news delivered to your Inbox everyday for FREE