Will Corruption Amnesty Work? [Part-2: Proposals]

This is Part 2 of the article entitled, ‘Will Corruption Amnesty Work?’ You’ll find part 1 here. We saw, in Part-1, how if we sack every corrupt person, we’d lose a substantial number of people in enforcement agencies, local governments, courts, and the Government. This is because corruption in Malaysia is deep-seated. So what? Corruption and State Capture Corruptions infects and emaciates a nation, its institutions and its people. It kills a just and efficient ...

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Will corruption amnesty work? [Part-1: Analysing the Problem]

Do you think corruption amnesty will work in Malaysia? Is it the right way to tackle endemic corruption? Analyse the problem. A question for your conscience Corruption is the abuse of public office for private gain – both pecuniary and otherwise. What if we gave every corrupt person a chance to come clean within 6 months? Only if they don’t admit their crime should we put them – and those who enjoyed the fruits of their ...

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Could we eliminate electoral fraud by improving election laws?

Could we eliminate electoral fraud by improving election laws? An election petition is a difficult thing. The law has ring-fenced it with several impenetrable technical rules.  Combating electoral corruption under the current, antiquated laws is impossible. After the results of the 13th General elections results were announced on 5 March 2013, I was asked, with a dozen others, to file election petitions for 22 constituencies in Perak. The petitions alleged that the winners ...

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Is Any Former Prime Minister Immune From Criminal Prosecution?

A recent spate of social media messages argue that the former prime minister Najib enjoys absolute immunity from criminal sanction. The messages refer to an article by Mr Charles Hector, entitled: ‘Najib – Cannot be charged for crimes as a public servant until law is changed?’ Now, did Charles say the former PM was immune from any criminal prosecution? In 2016, Tun Mahathir sued Najib.  Mahathir alleged that there had been ...

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Reconsider status, role and appointment of Attorney General – Amend the Constitution!

The provisions of the Malaysian Federal Constitution - which regulate the powers of the AG  are in a mess. Urgent reform is imperative. The starting point in understanding this mess is Article 145 of the Federal Constitution. Under Article 145(1) the King ‘shall on the advise of the PM' appoint a person who is qualified to be a judge of the Federal Court to be the AG. It is the AG’s duty to advise the ...

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