Whistleblower Act belongs in the bin, going by Azam's reasoning: Lawyer
The Whistleblower Act belongs in a trash can if MACC's interpretation of the law is accepted, said a lawyer representing the whistleblower in the Sabah corruption scandal.
In a statement, Mahajoth Singh lambasted MACC chief Azam Baki and its prosecution director, Wan Shaharuddin Wan Ladin, for denying his client protection as provided under the Whistleblower Protection Act 2010.
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Focus Malaysia
4 hours ago
- Focus Malaysia
'Report graft to MACC, PDRM first – not social media – to be entitled for whistleblower protection'
THE issue of whistleblower protection has recently become a topic of public attention, especially in the context of combating corruption. Unfortunately, there is widespread misunderstanding among the public regarding who qualifies for protection and the procedures that must be followed. Some believe that anyone with information about misconduct can apply for protection as a whistleblower but the reality is not that simple. Malaysia has specific legislation to protect whistleblowers from unfair retaliation, namely the Whistleblower Protection Act 2010. However, this protection is subject to certain conditions and procedures to ensure its effectiveness and prevent abuse. A common misconception is the belief that whistleblowers may disclose information publicly – such as to the media or social media – before applying for protection. This is incorrect. Under the law, information regarding misconduct must first be reported to an enforcement agency. If someone discloses the information publicly before making an official report, it may compromise their identity and the validity of the disclosed information. There is also the risk that such information may not be verified or could be misinterpreted, ultimately damaging the credibility of the case. Additionally, enforcement agencies cannot provide protection to whistleblowers who have 'exposed' themselves before making a formal report. Criteria for protection To obtain whistleblower protection, an individual must meet several conditions. Firstly, the report must be made to a legitimate enforcement agency such as the Malaysian Anti-Corruption Commission (MACC), Royal Malaysia Police (PDRM) or other relevant government bodies. Secondly, the report must be made in good faith and not out of malicious intent such as revenge or defamation. Another key condition is that the whistleblower must not be involved in the reported misconduct. Section 11(1) of the Whistleblower Protection Act 2010 clearly states that protection may be revoked if the whistleblower is found to be complicit in the misconduct disclosed. This is to maintain the integrity of the whistleblower and prevent abuses t the protection status as a 'shield' to cover up their own wrongdoing. Challenges encountered Despite existing laws, whistleblowers often face challenges in upholding the truth. Among them, whistleblowers are often labelled as 'informers' or 'traitors', especially if the offence involves their employer or organisation. Additionally, despite legal protections, there remains concern about threats or discrimination they may face directly or indirectly. In fact, many still do not understand the legal procedures to become a whistleblower and how they can apply for protection legally. The process for applying for whistleblower protection is clearly stipulated. An individual must report directly to a government enforcement agency such as MACC or PDRM. Once the report is received and meets the criteria set out in the Act, the whistleblower will be granted protection guaranteed by law. Forms of protection provided include: Confidentiality of identity: The whistleblower's identity will be kept completely confidential and will not be disclosed to any party, including during court proceedings. The whistleblower's identity will be kept completely confidential and will not be disclosed to any party, including during court proceedings. Legal immunity: The whistleblower is protected from civil, criminal or disciplinary action related to the report made. The whistleblower is protected from civil, criminal or disciplinary action related to the report made. Protection against retaliation: Any retaliation such as dismissal, discrimination or intimidation as a result of the report is strictly prohibited. Any retaliation such as dismissal, discrimination or intimidation as a result of the report is strictly prohibited. Protection for related individuals: Besides the whistleblower, protection is also extended to family members or individuals closely related to the whistleblower if they face risks due to the disclosure. Social responsibility, incentives As a responsible society, we must understand the role and responsibility of reporting corruption. Section 25 of the MACC Act 2009 stipulates that anyone who knows of the giving, receiving or offering of a bribe but fails to report it can be fined up to RM100,000 or imprisoned for up to 10 years, or both. Additionally, the government has since 2011 introduced cash reward incentives and recognition for civil servants who report corruption to MACC. These rewards are given based on the value of the corruption involved when their reports or complaints result in convictions in court. As of 2024, a total of 514 civil servants have received rewards exceeding RM1 mil under this incentive programme with the highest reward of RM100,000 given to a public officer for reporting corruption. The whistleblower protection law is an important tool in efforts to combat corruption and misconduct in this country. It provides confidence to legitimate whistleblowers to come forward without fear of retaliation. However, the existing Act still has weaknesses that need improvement to ensure more effective protection. Legal reform The Whistleblower Protection (Amendment) Bill 2010 (Act 711) was tabled for its first reading in the Dewan Rakyat on March 6. This amendment aims to further strengthen protection for whistleblowers who report misconduct, particularly in the public and private sectors involving corruption. It is expected to provide more comprehensive protection for whistleblowers, including protection against harmful actions and immunity from civil or criminal proceedings. This amendment is hoped to encourage more individuals to report misconduct without fear. Recently, the MACC and Transparency International Malaysia (TI-M) expressed full support for efforts to improve this Act during a courtesy visit by TI-Malaysia president Raymon Ram to MACC chief commissioner Tan Sri Azam Baki. Awareness about the role, responsibilities, and protection of whistleblowers must be raised in society. The misconception that anyone can apply for protection without fulfilling the required conditions must be corrected to prevent misuse and abuse of the law. As concerned citizens, we must understand that whistleblowers play a critical role and that all support should be given to expose misconduct and uphold the integrity of institutions. With robust laws and public awareness of their responsibilities, efforts to combat corruption in Malaysia can be more effectively implemented. – June 20, 2025 Datuk Wan Shaharuddin Wan Ladin is the Malaysian Anti-Corruption Commissions' (MACC) senior director (legal and prosecution division). The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Malaysiakini
5 hours ago
- Malaysiakini
Whistleblower Act belongs in the bin, going by Azam's reasoning: Lawyer
The Whistleblower Act belongs in a trash can if MACC's interpretation of the law is accepted, said a lawyer representing the whistleblower in the Sabah corruption scandal. In a statement, Mahajoth Singh lambasted MACC chief Azam Baki and its prosecution director, Wan Shaharuddin Wan Ladin, for denying his client protection as provided under the Whistleblower Protection Act 2010.
Daily Express
8 hours ago
- Daily Express
Digitech new avenues for graft, too: Azam
Published on: Friday, June 20, 2025 Published on: Fri, Jun 20, 2025 Text Size: Azam posing with his team and the organising committee. Kota Kinabalu: Malaysian Anti-Corruption Commission (MACC) Chief Commissioner Tan Sri Azam Baki said while digital technologies like artificial intelligence (AI) and blockchain bring notable benefits, they also create new avenues for corruption if proper controls are not in place. Speaking at the International Conference on Technology, Management and Sustainability (ICTMS 2025) at Universiti Teknologi Mara (UiTM) Sabah branch, Azam pointed out the double-edged nature of technological advancement in sectors including taxation, e-commerce and Environmental, Social and Governance (ESG) reporting. Advertisement 'Innovation brings great potential from improving audit quality to facilitating compliance, but it also opens new spaces for corruption, fraud and breach of trust if there are no controls,' he said. 'Using systems alone without applying human thinking in making decisions is important. From a governance perspective, if there are good systems but those managing them lack integrity and accountability, then those systems can be used for wrongdoing,' Azam added. Azam, who is also an Adjunct Professor at UiTM's Accounting Research Institute (ARI), said the commission has extensively adopted technology to enhance enforcement efficiency and impact. He noted that widespread technology use has significantly aided intelligence and investigation work, with some cases now resolved within three to six months compared to much longer periods previously. Advertisement Azam also drew attention to warnings from the United Nations Office on Drugs and Crime (UNODC) and Interpol that Southeast Asia has become a hub for cyber fraud and digital money laundering. Criminal syndicates are exploiting fintech applications, unlicensed digital wallets and cross-border platforms to hide illegal flows using fake identities and AI-generated documents. 'In 2023 alone, more than RM330 million was lost due to fraud, representing a 25 percent increase compared to 2022, involving cryptocurrency abuse, fake investment platforms and mostly stemming from weaknesses in digital channel monitoring,' he said. He cited Operation Tropicana as an example, where MACC uncovered a cross-border investment fraud syndicate operating boiler rooms across Malaysia. The conference was organised by UiTM's Accounting Research Institute in collaboration with MACC's Financial Analysis Division, bringing together distinguished guests including Professor Emeritus Dr Normah Omar and Sabah MACC Director Datuk Karunanithy Y Subbiah. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
