The full text for this video can be found on my blog, ‘Paradox’ at https://www.gkg.legal/should-the-anwar-government-implement-corruption-amnesty/
Should the Anwar Government implement Corruption Amnesty?
[1]. Corruption is a tradition – even an entitlement – for rent-seeking behaviour.
These kleptocrats held the nation to ransom. The United Nations researchers call this ‘State capture’.
[2]. There are two kinds of corruption:
‘Grand Corruption’ involves Ministers and top civil servants.
‘Petty Corruption,’ on the other hand, occurs at the lower levels.
[3]. ‘Grand Corruption’ has two effects on the nation
First, it causes a ‘distortion of the central functions of government.’
Second, it erodes the Rule of Law.
If we went after every corrupt person, we would lose a huge number of people in enforcement agencies and civil service.
[4]. We are not the only ones fighting corruption.
In 2003, nearly 100 states signed the landmark UN Convention Against Corruption (‘UNCAC’).
The UN General Assembly adopted it.
Malaysia signed the Convention on December 9, 2003, and ratified it on September 24, 2008.
[5]. Anti-corruption bodies should be independent
The problem is, we have politicians who obstruct the investigations and prosecution of corruption offenders.
All anti-corruption bodies must be placed under a Parliamentary Supervisory Committee, which must report to the Dewan Rakyat.
This creates greater transparency and inhibits government interference.
[6]. An Act of Parliament is needed, e.g. the ‘Corruption Amnesty Act’ [‘CAA’].
First, the law must legitimise corruption amnesty.
Second, it should only last for a brief time: e.g. two years.
It cannot be extended without a two-thirds majority approval in Parliament.
The Act must form a body called the ‘Corruption Amnesty Department’.
These officers should have greater investigative and prosecutorial powers.
The accused must be granted the right to due process.
[7]. It must complement existing law
We already have several statutes: MACC Act, AMLA, the Penal Code.
The new law should work within their framework.
[8]. Those who cooperate should have an easier time
The new law should be flexible.
He who repents must be given a break.
The hard-core corrupt must be taken through the whole legal process.
[9]. International recovery of illicit funds is legally possible
The law should create greater flexibility in investigation: entry, search, discovery of evidence, and assets freezing and asset seizures, should be made easier.
Because illicit assets are easily transferred between different jurisdictions, flexible investigative powers are needed.
The law must allow assets to be frozen here and overseas.
Investigators must be allowed to ‘trace’ the money into the accounts of relatives and friends in all jurisdictions.
The law should allow illicit money to be recovered in several nations at once.
The UNCAC Convention makes it easier to legitimise arrangements with countries to repatriate stolen funds.
[10]. Where would we find investigators and prosecutors?
Investigators may include retired but honourable MACC officers, police officers of good repute, or other enforcement officers.
[11]. Whistleblowers should be encouraged
Without any ‘inside’ evidence, investigators will hit a wall.
So, the law should protect and reward ‘whistleblowers’.
[12]. Punishment: forfeiture of citizenship
The punishment for corruption has to be deadly serious.
If the corrupt will admit to their wrongdoings, they can go away quietly.
For those who are recalcitrant, their proceedings should be telecast live.
It is a form of ‘naming’ and ‘shaming’.
Special Corruption Amnesty Courts should be given extra powers of punishment:
These include:
(a). long imprisonment sentences;
(b). forfeiture of assets
(c). automatic loss of citizenship; and
(d). the punishment should apply to every person who was either complicit in the corruption or enjoyed its fruits.
[13]. Corruption Amnesty laws can become a charter for the corrupt, so we need to be careful
Corruption Amnesty needs to be a short-term, specialised law.
It has to be severely limited to ensure it is not abused.
If there is a will, there is a way.
ACKNOWLEDGEMENT
Gratitude: I express my gratitude to Santhi Latha, VK Raj, Harleena Kaur, KN Geetha, Prabhkirat Singh, GS Saran and RJ Nevina.
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