November 16, 2021

Only 527 informants out of more than 73,545 complaints received by enforcement agencies under the Whistleblower Protection Act 2010 (Act 711) were given protection, law minister Wan Junaidi Tuanku Jaafar said.

Admitting that it was a very low ratio compared to the number of complaints received, he said it showed the weaknesses in either the implementation of the Act or the provisions of the Act itself.

“In other words, there are weaknesses in the law that we introduced according to the United Nations Convention for Anti-Corruption guidelines,” he said in a written reply to a question by Anwar Ibrahim (PH-Port Dickson) in the Dewan Rakyat.

Anwar had asked about suggestions to review the Act with regard to informers and its effectiveness in protecting them in crime and high-profile corruption cases.

Wan Junaidi said the government was reviewing the proposed amendments to the Act.

“A few engagement sessions have been held with stakeholders and with the United Nations Office on Drugs and Crime and the Government Accountability Project.

“Also, a working committee has been formed to evaluate, study and establish the parameters for the suggested amendments and improvements,” he said.

He said enforcement agencies, state agencies and departments, GLCs, private companies, civil society organisations and NGOs were part of the committee.

Wan Junaidi said seven issues regarding Act 711 had been identified and would be given priority in the proposed amendments.

Among these were “inconsistencies” between Section 6 of the Act and Section 203A (1) and (2) of the Penal Code.

The Whistleblower Protection Act 2010 allows “exposure” to be made if an unreasonable action was discovered while conducting a duty, whether involving a public service officer or one from the private sector.

However, Section 203A of the Penal Code states that whoever exposes information obtained when performing one’s duty was committing an offence.

The proposed amendments are expected to be presented to the Cabinet by next month.

Before proceeding with his supplementary question, Anwar complimented Wan Junaidi on his answer, saying he had given an accurate explanation with a timeline, before taking a jab at plantation industries and commodities minister Zuraida Kamaruddin.

“This is different. Sometimes we hear empty guarantees such as what we heard earlier, that rubber farmers are hardworking but the latex floor price hasn’t been achieved,” he said, referring to Zuraida’s answer to an earlier question of his.

Anwar said he hoped that with the review of the Whistleblower Protection Act, the weaknesses of informants, the Malaysian Anti-Corruption Commission (MACC), enforcement agencies and the judiciary would be considered.

“Even with the amendments, without the enforcement and an MACC that is transparent, brave and free, corruption will continue prevailing in our society,” he said.

Related news:

Only small number of whistleblowers given protection, admits govt