Friday 29 Mar 2024
By
main news image

KUALA LUMPUR (Jan 6): Veteran politician Lim Kit Siang said on Thursday (Jan 6) the Malaysian Anti-Corruption Commission's (MACC) Anti-Corruption Advisory Board’s decision to clear MACC chief commissioner Tan Sri Azam Baki of any wrongdoing was ultra vires following conflict-of-interest claims against Azam, who is alleged to own about two million shares in a public-listed company, because the board has no power to do so under the MACC Act 2009.

In legal terminology, the Latin phrase ultra vires describes actions by government entities that go beyond their authority under the law.

In a statement, Lim, who is DAP’s member of Parliament for Iskandar Puteri, said Section 13 of the MACC Act 2009 stipulates six functions of the Anti-Corruption Advisory Board, and none of them gives the board power to clear the MACC chief commissioner of conflict-of-interest allegations.

Lim said, "The six functions of the MACC Anti-Corruption Advisory Board are:

(a) to advise the commission on any aspect of the corruption problem in Malaysia

(b) to advise the commission on policies and strategies of the commission in its efforts to eradicate corruption

(c) to receive, scrutinise and endorse proposals from the commission towards the efficient and effective running of the commission

(d) to scrutinise and endorse resource needs of the commission to ensure its effectiveness

(e) to scrutinise the annual report of the commission before its submission to the Special Committee on Corruption, and

(f) to submit its comments to the Special Committee on Corruption as to the exercise by the commission of its functions under this Act.”

According to Lim, Azam’s plea of innocence is no answer to the conflict-of-interest allegations which had been publicly made against him more than two months ago.

There should be a proper and satisfactory investigation mechanism on the conflict-of-interest allegations before Azam is cleared of any wrongdoing, Lim said.

Lim claimed that Azam is wrong when Azam claimed that he was answerable only to the MACC’s Anti-Corruption Advisory Board as Azam is finally answerable to the people of Malaysia through Parliament and other intermediaries for his integrity and performance.

"Azam should go on leave and submit himself to a full investigation by the Parliamentary Special Select Committee on Agencies under the Prime Minister’s Department, where Azam, his brother, the maker of Azam’s conflict-of-interest allegations are afforded full opportunities to state their case,” Lim said.

Lim’s statement on Thursday followed Wednesday news reports that the MACC’s Anti-Corruption Advisory Board found no criminal conduct or conflict of interest involving Azam in share trading done in 2015.

The board’s chairman Tan Sri Abu Zahar Ujang said the board in a special meeting on Nov 24, 2021, had sought Azam's explanation over the matter, and Azam explained that his share trading account was used by his brother, Nasir Baki, to purchase shares in 2015.

Abu Zahar, who was speaking at a press conference, said the purchase of the shares was made on the open market with no conflict of interest, and that the shares were transferred to Nasir within the same year.

"He (Abu Zahar) said following a lengthy discussion, the board members were of the opinion that Azam had no pecuniary or beneficial interest in the shares,” Bernama reported.

At the time of writing on Thursday, the MACC had not issued a statement in response to Lim’s statement.

Edited ByChong Jin Hun
      Print
      Text Size
      Share