KUALA LUMPUR – The Malaysian Anti-Corruption Commission (MACC) can proactively seek and gather details or information directly from any lawmaker, even when they make graft allegations, while protected by parliamentary immunity, said non-governmental organisation Malaysia Corruption Watch (MCW).
In response to the recent controversy surrounding allegations of corruption made by Bersatu MP Datuk Wan Saiful Wan Jan, the MCW issued a statement emphasising the need for clarity on parliamentary immunity.
MCW president Jais Abdul Karim addressed the matter following comments from Perikatan Nasional secretary-general Datuk Seri Hamzah Zainuddin, who asserted that the MACC should not intervene in the case due to parliamentary immunity.
“As a ‘non-partisan’ organisation, MCW aims to provide insights based on facts and existing laws, steering clear of polemics and factual manipulation,” he said.
“The MACC can take a proactive approach to meeting and gathering relevant details or information directly from any individual.”
According to Hamzah, lawmakers enjoy legal immunity for statements made in Parliament, as outlined in the Houses of Parliament (Privileges and Powers) Act 1952. This legal protection, he argued, allows MPs like Wan Saiful to decide when to report alleged corruption without external pressure.
However, MCW referenced the Federal Constitution’s provisions on parliamentary privileges and immunity.
The organisation clarified that such immunity primarily pertains to protection against legal proceedings in court, as specified in Article 63 (1), (2), and (3) of the Federal Constitution.
Contrary to claims that Wan Saiful’s case falls under parliamentary immunity, Jais argued that the MACC’s call for a report does not involve court proceedings and, therefore, does not trigger parliamentary immunity.
Jais further highlighted the MACC’s proactive stance, urging Wan Saiful and any individuals who are offered bribes to report the offences promptly under Section 25 of the MACC Act 2009.
He noted that Section 25 (1) specifies the obligation to report bribery transactions to the commission or the nearest police officer.
Jais also stressed that, in cases involving corruption, the MACC has the authority to act in line with its responsibilities and functions as the primary anti-corruption agency, as stipulated by existing laws.
MCW also urges politicians to refrain from manipulating facts and existing laws to mislead the public, emphasising the importance of upholding the agency’s role in combating corruption.
The controversy began on February 28 when Bersatu MP Wan Saiful claimed in the Dewan Rakyat that he was offered inducements to switch support to the government.
MACC chief commissioner Tan Sri Azam Baki subsequently gave Wan Saiful one week to lodge a report on the alleged inducements, citing the responsibility outlined in the MACC Act 2009. The issue has sparked discussions on parliamentary immunity and the legal obligations of individuals offered bribes.
As of March 9, six Bersatu MPs and one state assemblyman have switched allegiance to support Prime Minister Datuk Seri Anwar Ibrahim. – March 12, 2024