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190 Public Administration in Southeast Asia

independent and is biased as the final decision to prosecute lies with him. He is also under the jurisdiction and political influence of the prime minister. The MACC or its director-general is also not independent as it is under the authority of the Prime Minister’s Department, thereby raising doubts over its apolitical position. Thus, there is a need for both positions to be freed from the influence of the state bureaucracy via different appointing mechanisms of integrity and independence and not at the discretion of the executive. In addition, there is a need to effectively review the Official Secrets Act, in particular the penal provisions that have facilitated the suppression of information relating to malpractices in public administration.

Elected representatives are concerned with proposing legislative changes in Parliament, debating on proposed legislation, raising the aspirations of the citizens. However, we continue to see many elected representatives and retired top senior civil servants, though the latter are permissible, sitting on the boards of companies as independent directors, non-independent directors, and even CEOs of some companies, as reflected in many company annual reports, with the sole purpose of profiteering and political economic influence, further raising the numerous concerns on transparency and corporate governance. Legal actions have not been taken against them despite the clear prohibition and in the genuine pursuit of transparency and integrity, even though it is said that permission can be granted by their top superiors/authorities in their respective departments/chief secretary of the government. It only serves to further discredit public ethics. Elected representatives must be cognizant of their legal boundaries and effective governance and accountability to the public through a change of mindset. In retrospect, the issue of political parties owning businesses where financing of parliamentary and state elections could not be properly accounted for under existing legislation is another phenomenon that is seldom reviewed or scrutinized. The intertwining of money politics and political business in benefitting the funders is difficult to prove, but this factor further undermines fairness and accountability where politicians and political parties need not disclose their sources of funding, hence contributing consistently to the various allegations of public individuals and institutions being reputedly devoid of autonomy and independence to act without favor.

Thus far, selective prosecution cases have undermined public confidence in the authorities to regulate the gatekeepers and wrongdoers. The inter-relationship and participation between the government and the governed negates the concept of checks and balances as political patronage seems to be heightened over time in cases of procurement contracts and inappropriate public behavior and policy making. It would be commendable if such patronage and alliance were opposed or reduced to avoid seriously undermining the legitimacy of the entire governance of the politics and socio-economics of the country.

Existing legislation and disclosure requirements are inadequate in overseeing objectivity and restricting corruption practices. Genuine reformers who have the courage and will to change within the political system are needed in dealing with the challenges of implementing governance and embedded political and party patronage in further strengthening internal adjudication and regulatory capacity toward independently acting against violation of institutional regulations and impartiality in monitoring mechanisms and disclosure requirements.

9.7 Conclusions

It is important that there continues to be confidence in the capacity of institutions to improve in order to reflect government performance and better quality public administration ethics in Malaysia. If the government wants to win continuing support from the public, then it is essential that the relationship between the government and the governed is reformed on a clean, credible

© 2011 by Taylor and Francis Group, LLC

Public Ethics and Corruption in Malaysia 191

and trustworthy behavior, resulting in the formation of a corruption-free polity, or at the very least, a reduced level of corruption. Policy making and the policy delivery process, ought to be based on the priority of the public interests, but through favored network relations, it is likely to result in a distortion of efficiency, effectiveness, and most of all, justification of a policy decision and stability. Accountability mechanisms can be better strengthened and further rooted in the system with better staff of honest public servants, positive value sharing, and a high level of moral integrity that promotes good governance comparable with the descriptions in the public administration literature. This implies that effective solutions to the malpractices of administration may require far-reaching approaches, from changing the current norms to reforming and restructuring the civil service and political systems, all of which are difficult to achieve in the short term in Malaysia. It may only be possible through the sustained and serious commitment of the leaders and the bureaucrats to undergo a desirable, wide revolutionary process, perhaps over a longer period to counter corruption and to practice better public ethics in reality. Good public ethics would help to reconstruct the democratic governance system in Malaysia with zero tolerance for corruption along with the conventional checks and balances system secured.

References

1.Puthucheary, M., The Administrative Elite, in Government and Politics of Malaysia, Ahmad, Z.H., Ed., Oxford University Press, Singapore, 1987, 94–110.

2.Beh, L.S., Development and distortion of Malaysian public-private partnerships: patronage, privatized profits, and pitfalls, Australian Journal of Public Administration, vol.69, S1 (March), S74–S84, 2010.

3.Cooper, T.L., The Responsible Administrator: An Approach to Ethics for the Administrative Role, 4th Ed., Jossey-Bass, San Francisco, CA, 1998, 243.

4.Bruce, W., Spirituality in public service: a dialogue, Public Administration Review, 59, 163–169, 1999. Garcia-Zamor, J.C., Workplace spirituality and organizational performance, Public Administration Review, 63, 355, 2003. King, S.M., Religion, spirituality and the workplace: challenges for public administration, Public Administration Review, Jan/Feb, 103, 2007.

5.Phang, S.N. and Beh, L.S., Rearticulating spiritual hegemony and reconceiving divinity: Malaysia’s Islam Hadhari, in Hybridising East and West. Tales beyond Westernisation: Empirical Contributions to the Debates on Hybridity, Schirmer, D., Saalmann, G. and Kessler, C., Eds., Lit Verlag, Berlin, 2006, 241–56.

6.Commonwealth Secretariat, A Profile of the Public Service of Malaysia, Kuala Lumpur, 2006, 72–74.

7.National Integrity Plan, Integrity Institute of Malaysia: Kuala Lumpur, 2004, 21–26.

8.National Integrity Plan, Integrity Institute of Malaysia: Kuala Lumpur, 2004, 26.

9.National Integrity Plan, Integrity Institute of Malaysia: Kuala Lumpur, 2004, 18.

© 2011 by Taylor and Francis Group, LLC

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