WOULDN’T it be a good idea to place enforcement agencies such as the Malaysian Anti-Corruption Commission (MACC) under the purview of Parliament rather than placing the graft buster under the purview of the Enforcement Agency Integrity Commission (EAIC)?
What is obvious is that the EAIC was set up to circumvent calls for the establishment of an Independent Police Misconduct Commission (IPMC).
Established in 2009, EAIC was entrusted to investigate complaints against enforcement agencies.
However, while the agency can recommend actions against the personnel involved, it cannot prosecute the officials concerned.
There are 21 enforcement agencies under the purview of the EAIC with the exception of the MACC and the prisons department.
This is the reason why the EAIC cannot even investigate cases of custodial deaths in prisons.
Law and Institutional Reform Minister Datuk Seri Azalina Othman Said recently suggested that the MACC might be placed under the purview of the EAIC.
However, before this could be done, the legislation that gave rise to the EAIC needs to be amended.
I am not sure what amendments that Azalina talked about other than the need to incorporate the inclusion of the MACC under the EAIC.
EAIC has been criticised as a poor substitute for the IPMC as it lacks the teeth or enforcement powers.
The police have been adamant in not according enforcement powers to the EAIC. The EAIC is merely an investigation agency, hence really cannot be expected to do much.
However, it cannot be denied that the under the former chairman and judge Datuk Yaacob Md Sam, it was very critical of the men in the blues.
It is nothing wrong in placing the MACC under the EAIC but other than the normal purview, nothing further can be expected from the EAIC.
Since Azalina is part of the reform government, maybe she can contemplate two things that are much needed in the country.
One is to ascertain whether the government can think of establishing the long delayed and much needed IPMC – an effective way to check police abuses especially custodial deaths.
The other is whether the MACC should be made answerable to the Parliament. I am sure the government of the day will have much public traction if the two mentioned items are seriously contemplated. – May 3, 2023
Prof Ramasamy Palanisamy is the DAP state assemblyman for Perai. He is also Deputy Chief Minister II of Penang.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
