JOINT STATEMENT: To restore Public Confidence, Tun Tengku Maimun Tuan Mat must lead Independent Probe into MACC and Azam Baki, and the Public Prosecutor and MACC must be Accountable to Parliament


We, the undersigned civil society groups, call upon Prime Minister Anwar Ibrahim to initiate the formation of a Royal Commission of Inquiry (RCI) or some other form of independent panel, led by an eminent and respected person such as former Chief Justice Tun Tengku Maimun Tuan Mat to investigate the allegations of abuse of power, unexplained wealth and regulatory extortion that have been made against the Malaysian Anti-Corruption Commission (MACC) and its Chief Commissioner Azam Baki. Stakeholders who represent a cross section of society and interests must be permitted to participate in the inquiry. The inquiry findings must be made public as this is a matter of public interest.


The Cabinet decision on Friday, 13 February to limit the forum of inquiry to an ad hoc internal executive-level committee and the scope of the investigation to just Azam Baki’s shareholding in public listed companies but not allegations of MACC’s collusion in economic extortion, displays extremely poor judgement in ignorance of the gravity of the allegations. Save for a perfunctory statement by the Minister of Communications Fahmi Fadzil, no other Cabinet Minister has explained the administration’s reasons for the monumental decision to limit the forum and scope of the investigation against Azam Baki. That this committee is headed by Attorney General Mohd Dusuki bin Mokhtar, who was personally involved in the withdrawal of charges against Deputy Prime Minister Ahmad Zahid Hamidi, only fuels public cynicism that the ad hoc committee inquiry may also end up as ‘No Further Action’.

We call for four specific and immediate actions:
1. That an independent panel, comprising eminent persons and led by Tengku Maimun or another person of similar stature, but that excludes Ministers, public servants and the Attorney-General, must be immediately appointed to investigate all pending allegations against the MACC and Azam Baki.
2. That Azam Baki must take an immediate leave of absence while independent investigations take place.
3. That a comprehensive roadmap of MACC reforms must be formulated through a Dewan Rakyat select committee inquiry, to be completed by 31 December 2026 and to include: (a) an appointment process of MACC Commissioners that is independent of Executive involvement but that is reviewed by Parliament; and (b) measures to ensure that the exercise of MACC’s powers and duties are transparent and accountable to Parliament.
4. That the Madani Government must commit to and guarantee that, in separating the roles of Attorney General and Public Prosecutor: (a) the appointment of the Prosecutor General will be through a process that is independent of Executive involvement and is reviewed by Parliament; and (b) the exercise of the Prosecutor General’s powers and duties must be done with transparency safeguards and parliamentary accountability mechanisms in place.

As a measure of public accountability, every coalition and party in the Madani Government must make clear their stand for these reforms or justify their consent to the narrow scope of the investigation against Azam Baki under the AG-led committee. The parties within the Madani Government, particularly Pakatan Harapan, are not only aware of the flaws in the MACC design, but they had also pledged to reform the MACC to correct these failings. Yet, Prime Minister Anwar has not made MACC reform a priority in the last 3½ years of his administration. Instead, his administration has done the opposite: they have continued to reappoint Azam Baki as Chief Commissioner despite unresolved allegations against him, while excluding the MACC from direct, express parliamentary committee oversight.

Like the 2015 exposure of the 1MDB scandal by the Wall Street Journal, the 2026 expose of the MACC scandal by Bloomberg, especially the MACC’s alleged regulatory extortion, are both the damning consequences of a flawed political system and the great opportunity to boldly carry out the necessary reforms. Barisan Nasional tried to protect Najib Razak but in the end fell with him. The perfunctory setting up of the committee led by Dusuki similarly suggests a worrying attempt at expediency by the Anwar administration to protect Azam Baki and potentially other political elites associated with him, including the Prime Minister’s former political secretary Farhash Wafa Salvador and ministers in the Sabah GRS state government implicated in the recent mining licensing scandals.

If Prime Minister Anwar and the Madani Government are serious about combating corruption, it must fix the serious design flaws of the MACC: unlike other anti-corruption agencies in other parts of the world, the head of the MACC is the Prime Minister’s political appointee in that the Prime Minister plays a decisive role in the appointment. Additionally, there is no tangible, effective oversight mechanism to ensure the MACC can be held accountable to external institutions, such as Parliament.

The Madani Government’s evasive response to the current wave of allegations raises legitimate concerns and fears about the proposed separation of the roles of Attorney General and Public Prosecutor, the bills of which are due to be presented in Parliament soon. The creation of a new role of Prosecutor General will put vast power into the hands of another unelected individual who, for important reasons, should not be directly appointed by the Executive branch. But it is also important to have measures in place to safeguard against the new Prosecutor General’s misuse of power. Civil society groups and experts have recommended that the new office of Prosecutor General must be filled without Executive involvement but with parliamentary oversight, that the exercise of prosecutorial powers must be transparent and that the Prosecutor General must be accountable to Parliament. If these recommendations are not heeded, the new prosecutorial service and Prosecutor General may soon become the mirror images of the MACC and its Chief Commissioner, further damaging public confidence in the rule of law and public integrity.

We cannot accept less than the reforms demanded here. The absence of these reforms are deliberate choices, and choices have consequences – on investors weighing where to place their capital, on our key allies and stakeholders questioning our credibility, and for the rakyat, who are tired of unfulfilled promises. This matter transcends political lines.

Prime Minister Anwar Ibrahim and the Madani Government should carefully read the public sentiment. Anger against corruption and against the ‘dua darjat’ (two-tiered) phenomenon in law enforcement, with two distinct treatments for those in power and the rest of the population, can unite Malaysians across the political spectrum in polls and on the streets.

Endorsed by:
Organisations:
1. Institute for Democracy and Economic Affairs (IDEAS)
2. Rasuah Busters
3. Project Stability and Accountability for Malaysia (Projek SAMA)
4. Pertubuhan IKRAM Malaysia
5. Gabungan Pilihan Raya Bersih dan Adil (Bersih)
6. The Center to Combat Corruption and Cronyism (C4 Center)
7. Agora Society Malaysia
8. All Women’s Action Society (AWAM)
9. Alternative ASEAN Network on Burma (ALTSEAN-Burma)
10. Buku Jalanan Chow Kit
11. Cahaya Society
12. Center for Orang Asli Concerns (COAC)
13. Centre for Independent Journalism (CIJ)
14. CRIB Foundation (Child Rights Innovation & Betterment)
15. CSO Platform for Reform
16. END CSEC Network
17. ENGAGE
18. Filsufi. & Co
19. G25 Malaysia (G25)
20. Gerakan Belia Sepunjabi Malaysia (GBSM)
21. House of Wisdom PLT
22. Kemban Kolektif
23. Kuala Lumpur and Selangor Chinese Assembly Hall – Civil Rights Committee (KLSCAH-CRC)
24. Lawyer Kamek (Sarawak)
25. Malayan Nurses Union
26. MANDIRI
27. Metal Industry Employees’ Union
28. National Human Rights Society (HAKAM)
29. North South Initiative (NSI)
30. PACOS Trust
31. Persatuan Kebajikan Sokongan Keluarga Selangor & KL (Family Frontiers)
32. Persatuan Kesedaran Komuniti Selangor (EMPOWER)
33. Persatuan Pemangkin Daya Masyarakat
34. Persatuan Pengundi Muda (UNDI18)
35. Sabah Action Women’s Resource Group (SAWO)
36. Sabah Youth Movement (SYM)
37. Save Malaysia Stop Lynas
38. Saya Anak Bangsa Malaysia (SABM)
39. SIS Forum (Malaysia)
40. Sri Sithi Vinayagar SSVT
41. Suara Mahasiswa UMS (SMUMS)
42. Suara Rakyat Malaysia (SUARAM)
43. Teoh Beng Hock Association for Democratic Advancement (TBH-ADA)
44. Terabai Kenyalang Heritage Association of Sarawak – TKHAS
45. Union of Employees in Trade Unions (UETU)
46. University of Malaya Association of New Youth (UMANY)
47. Women’s Aid Organisation (WAO)
48. Women’s Centre for Change, Penang (WCC)
Individuals:
1. Tan Sri Syed Hamid Albar
2. Datuk Hussamuddin Yaacub
3. Prof. Emeritus Edmund Terence Gomez
4. Dato’ Ambiga Sreenevasan
5. Shah Hakim Zain
6. Maha Balakrishnan
7. Dr Tricia Yeoh
8. Cynthia Gabriel

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