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network structures that facilitate administrative corruption. Further, these elected representatives have allowed themselves to profit from questionable business dealings by way of patronage and by assuming positions in companies to derive profit. The constitutional requirement in Article 48(1)
(c) of the federal constitution clearly states that elected representatives in Parliament are prohibited from holding any office for profit or business ventures, as their primary and only role is to serve the people.
Drawing on past experiences in the country, much needs to be done when performance data are so commonly politicized and there is little transparency about costs and revenues. Often, there is no conclusive proof that the private sector has managed the projects at a cheaper cost or even more effectively than the public sector could have done despite the anomalies of public administration and the underlying assumptions of the performance of the private sector.
9.4 Efforts to Address Corruption and Instill Ethics
Every nation without exception needs to define and promote ethical conduct, as well as restrain bureaucratic corruption and curb unethical bureaucratic behavior. Efforts by some organizations such as the “Inter-American Convention against Corruption” by the Organization of American States, and the “Convention on Combating Bribery of Foreign Public Officials in International Business Transactions” by the Organization for Economic Cooperation and Development (OECD) are signs of current consensus to stem corruption.3 Yet, one’s personal integrity and good intentions may fail when faced with unrelenting pressures from their political masters or a pervasively unethical work environment. Cooper [3] espouses the concept of “individual autonomy,” which requires “a conscious effort to continuously cultivate self-awareness of the dynamic relationship between the interest of the self and the demands of the role, without which laws and organizational safeguards are likely to be no avail.”
The Civil Service Commission plays a preventive role in setting standards and norms for civil service appointments and a punitive role in meting out penalties and punishments for violations. Having the highest ethical standards will presumably encourage a self-initiated compliance with the law with a sense of the public interests and the exercise of sound decision-making procedures. The civil service has developed a set of values known as “The Twelve Pillars” to which civil servants subscribe: (1) the value of time; (2) the success of perseverance; (3) the pleasure of working; (4) the dignity of simplicity; (5) the worth of character; (6) the power of kindness; (7) the influence of examples; (8) the obligation of duty; (9) the wisdom of economy; (10) the virtue of patience; (11) the improvement of talent; and (12) the joy of originating. Though the commission is entrusted with such conviction, confidence in such an arrangement is waning as it seems more preoccupied in the regulation of other matters such as the salary reviewing process rather than commissioning and instilling professionalism in the public service, which is currently lacking in enforcing mechanisms of control. The Public Service Commission would have greater credibility if it could better demonstrate its key role in the process of appointing quality public servants, terminating or dismissal of public servants and protecting against partisan influence.
The current Malaysian government is reforming the public service periodically and responding to demands for performance, and change management. Since the 1980s, in particular, greater
3United Nations, Promoting Ethics in the Public Service, Department of Economics and Social Affairs, Division for Public Economics and Public Administration, New York, 2000; ST/ESA/PAD/SER.E/8. http://unpan1. un.org/intradoc/groups/public/document (accessed January 2008).
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attention has been given to the concepts of “Clean, Efficient, and Trustworthy,” “Integration of Islamic Values,” “Excellent Work Culture,” “Code of Work Ethics,” “Client’s Charter,” “ISO 9000,” and “Islam Hadhari.” Recent efforts to develop a public administration ethic grounded in good governance are compatible with increased attention to ethics. One such notion is Islam Hadhari, which aspires to demonstrate unity in diversity. Few public administration scholars have acknowledged the important roles that religion or spirituality play in managing organizations or public institutions [4]. The concept of Islam Hadhari was launched by the previous prime minister, Tun Abdullah Badawi, in 2003 with inclusive principles that outline a hybridization of religious and universal values, promoting a just and trustworthy government, with the emphasis on the individual being honest and hardworking as one of the key principles in promoting better ethics among public servants. Secularism and religiosity are jointly called on in the Malaysian context, particularly in terms of sharing the common ethics of life and work so that the principles of good governance can be accomplished more effectively, especially in tackling corruption and ensuring integrity in this conceptualization [5]. Public servants and leaders are obligated to serve as exemplars of spiritual values with commitment to the common good, service to others, and benevolence. Though Islam Hadhari is a holistic approach to human, social, and national development, hindrances have hampered the practice from within the dominant groups, be it coercion, conflict, or complicity. The desire to pursue this idea was not continued in the current reign of Prime Minister Datuk Seri Mohd Najib Abdul Razak, as it is common for a change of political discourse under a different leadership and administration, as is currently with the One Malaysia concept though a new philosophy, it is hoped to be one of a progressive realization.
9.4.1The Anti-Corruption Agency/Malaysian Anti-Corruption Commission
The ACA set up in 1967 under the Anti-Corruption Agency Act 1982 and the Prevention of Corruption Act 1961 (revised 1971) has been promoting awareness on corruption and maintaining integrity. A review of existing legislation led to the enactment of the Anti-Corruption Act 1997 to provide for additional offences and powers for the ACA and the public prosecutor.
The main functions of the ACA are to investigate offences of corruption, curb corruption in the public service, and to investigate the conduct of civil servants. There are six divisions, namely, Prosecutions; Investigations; Information; Prevention; Training; and Administration. Increasing responsibilities have been given to the agency, including the adoption of revised regulations for the conduct and discipline of public officers in 1993, and of a judges’ code of ethics in 1994. In reality, the ACA does not have the power to prosecute, as the final decision lies with the attorney general, even though the prosecution unit exists but its power is limited to investigation and recommendation to prosecute.
Staff is recruited at levels equivalent to the ranks of police sergeants, inspectors, and assistant superintendents. On-the-job training and specialist courses are conducted for the staff from time to time, such as criminology, and investigative science, locally and abroad. The director-general is a political appointment by the prime minister on agreement with the king as in other federal appointments. The number of staff is limited as it is only a small number, currently less than fifteen though recruitment drive is envisaged in the future.
The ACA utilizes a three-pronged strategy against corruption: educational, preventive, and punitive. The first focuses on efforts to inculcate ethical values among members of the administration whereas the second is aimed at eliminating weaknesses in work procedures that can provide
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opportunities for corruption. The third strategy involves the strict enforcement of the law through investigation and procedures for prosecution.
9.4.1.1 Educational Strategy
The educational strategy [6] utilizes the tool of religion, specifically Islam as the majority of the staff are Malays, via videoclips depicting morality concerns, social pressure, and self-respect, accompanied by penalty and punishment that can be used in the event of breaches of civil service ethics and corruption involvement. This strategy focuses on efforts in inculcating ethical values through in-depth preventive education against corruption, face-to-face communication, dissemination of information materials, lectures, dialogues, exhibitions, anti-corruption promotion competitions, radio interviews, press releases, courtesy calls, and community relations activities.
9.4.1.2 Preventive Strategy
The preventive strategy is aimed at eliminating weaknesses in work procedures that provide opportunities for corruption. ACA serves as consultant by evaluating the weaknesses in the work systems and procedures and advising organizations on improvements in addressing corruption.
9.4.1.3 Punitive Strategy
The punitive strategy involves the strict enforcement of the law through investigation and prosecution, providing a higher deterrent effect. In addition, any disciplinary reports by the ACA against public officers found violating the Public Officer (Conduct and Discipline) Regulations 1993 Act is another punitive measure. Table 9.1 demonstrates the number of cases from the year 2000 to 2005. Current statistics reveal that investigations of cases have far surmounted, by approximately fivefold, the number of cases of arrests followed by prosecution by the attorney general. Hence, the ACA’s credibility would be enhanced if it was made independent and answerable to the parliament.
Restructuring took place in replacing the ACA by making it more independent through an independent advisory board in naming it Malaysian Anti-Corruption Commission (MACC) in December 2008. This new structure includes the setting up of an independent corruption prevention advisory board and ensuring that public interest cases are dealt with appropriately and also empowered to investigate graft in the private sector. However, the ultimate decision to prosecute still lies with the attorney general, as previously, although the board could ask him to revise his decisions on cases he had decided not to prosecute. Initially, there was the intention to put in place legislation on whistleblowers, however, thus far, it has not been realized.
It was noted that the MACC investigated only 10.1% or just 7,223 cases, of the 71,558 reported between 2000 and 2006, and the number of people successfully convicted was only 0.7% or 524, of those suspected of corruption.4 According to TI Malaysia president, Datuk Paul Low in a press statement, the MACC and other reforms introduced by the government have so far been ineffective in fighting corruption as the measures have not produced the desired results, hence the public perception of corruption remains unchanged.5 Although previously the ACA
4 |
The Sun, September 25, 2009, p. 7. |
5 |
The Sun, September 24, 2009, p. 1. |
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