Govt mulling independent oversight body to protect whistleblowers

The Star

2 days ago

KUALA LUMPUR: The government will establish an independent oversight body in the second phase of its institutional reform agenda to strengthen whistleblower protection.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said during ongoing reforms to the Whistleblower Protection Act, more needed to be done to ensure public confidence, especially in disclosures involving enforcement agencies.
"There have been calls, including from Ayer Hitam MP Datuk Seri Dr Wee Ka Siong, for an independent body. I believe that for these reforms to succeed, they must be accompanied by an independent body.
"This will be part of Phase Two, which I hope the government will agree to take forward. Otherwise, people may continue to question whether there is genuine commitment from authorities in protecting whistleblowers," she told the Dewan Rakyat on Monday (July 21).
Dr Wee had asked whether the government would commit to ensuring that whistleblowers are not subject to executive interference in high-profile cases, especially given the current structure where the Attorney General decides on prosecution while the Malaysian Anti-Corruption Commission (MACC) investigates.
"Is there a plan to set up an independent body or ombudsman to monitor transparency and ensure no interference in the process?" he asked.
Azalina stressed that whistleblowers must not only be protected under the Whistleblower Protection Act 2010 (Act 711), but also be eligible for protection under the Witness Protection Act 2009 (Act 696) in serious cases.
"It has to be a '2-in-1' approach. In high-profile cases, if no witness protection is granted, it becomes difficult for whistleblowers to carry on with their lives. So, agencies responsible must evaluate and extend witness protection accordingly," she said.
Azalina said the second phase of reforms would also look into establishing an ombudsman to provide a credible and independent channel for disclosures.
"This is necessary to prevent situations where whistleblowers are reporting wrongdoing within enforcement bodies themselves," she said.
She also revealed that a final report on the proposed separation of powers between the Attorney General and the Public Prosecutor has been completed and will soon be presented to the Cabinet.
"This separation is vital to ensure there is no external pressure on prosecution decisions. When read together with Phase Two reforms and potential amendments to the Act, it will reinforce public trust in the system," she said.
She also addressed public concerns over whistleblowers being prosecuted after going to the media.
"Many ask why whistleblowers who speak to the media end up being charged. The truth is, internationally, whistleblowers must first report to the responsible agencies, not the media.
"This is because those agencies need to verify the authenticity of the information. If they go straight to the media, it creates a 'trial by media' environment — where public opinion reaches a verdict before the legal process begins," she said.
She added that reforms are aimed at preventing abuse of the whistleblowing system, protecting national security, and ensuring due process.
"We want to avoid sensitive national secrets being disclosed irresponsibly. The legal process must be upheld," she said.
The latest amendments also expand whistleblower protection under Section 7 of the Act by making specific reference to the Witness Protection Act.
The Bill to amend the Whistleblower Protection Act has been tabled for the first reading in the Dewan Rakyat on March 6.
Second reading is scheduled to be tabled in Parliament on Tuesday (July 22).