What Is Corruption?
Corruption is the act of giving or receiving of any gratification or reward in the form of cash or in-kind of high value for performing a task in relation to his/her job description.
An example, a contractor rewards a gift in the form of an expensive watch to a Government official for awarding a project to the company belonging to the contractor.
Why Does Corruption Occurs?
Corruption occurs because some individuals are willing to use illicit means to maximise personal or corporate profit. However, in order for these individuals to become involved in these corrupt activities, circumstances must exist which do not prevent or discourage them from doing so. The motivation for corruption in some cases may be a voluntary act undertaken by the relevant party with the deliberate intention of gaining a competitive advantage
In some cases, the bribe may be demanded from the contractor and if the contractor did not pay the bribe he may not receive his payment which he is entitled. Absence of anti-corruption systems at project level such as monitoring tendering process may facilitate corruption to occur. If there is no culture of transparency in the infrastructure, it may create a reason and opportunity for corruption activity. Corruption also can occur where temptation meets permissiveness and where institutional checks on power are missing, decision making is opaque, where civil society is disempowered. It is therefore important to establish control mechanisms and systemic hurdles to prevent people from abusing their power.
Legislation Covering Corruption in Malaysia
The key anti-corruption legislation in Malaysia is the Malaysian Anti- Corruption Commission Act 2009 (MACCA), which came into force on 1 January 2009. The relevant authority in charge of the MACCA is the Malaysian Anti-Corruption Commission (MACC). The MACCA applies to both the private sector and to public bodies / officers of a public body. The MACCA does not make a distinction between private sector bribery and bribery of public officials.
Forms of Corruption
Malaysian Anti-Corruption Act 2009 (MACC Act 2009) (Act 694) :
- Section 16 & 17(a) MACC Act 2009 – [Bribe] : Soliciting/Receiving Gratification
- Section 17(b) MACC Act 2009 – [Bribe] : Offering/Giving Gratification
- Section 18 MACC Act 2009 – [False Claim] : Intending to Deceive
- Section 23 MACC Act 2009 – [Bribe] [Abuse of Power/Position] : Using Office or Position for Gratification
DID YOU KNOW!
Failure to Report A Corruption is an offence in itself!!
Failure to Report
Any person who knows and fails to report an act of giving and offering of bribes is committing an offence under Section 25 (1) and (2) of the MACC Act 2009. Section 25 (1) and (2) of the MACC Act 2009
FINE: not exceeding one hundred thousand ringgit; and / or
IMPRISONMENT: Not exceeding 10 years or to both Any person who knows and fails to report an act of soliciting and obtaining of bribes is committing an offence under Section 25 (3) and (4) of the MACC Act 2009 Section 25 (3) and (4) of the MACC Act 2009
FINE: not exceeding ten thousand ringgit; and / or
IMPRISONMENT: Not exceeding 2 years or to both
NOTE: YOU ARE PROTECTED!
- The public need not be afraid in combating corruption. The MACC always ensures the confidentiality of the information provided. The WHISTLEBLOWER is protected and the information will not be disclosed to any party under any circumstances.
- WHISTLEBLOWERS are also protected under the Whistleblower Protection Act 2010 as well as under Section 65 of the MACC Act 2009.
