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Free Malaysia Today
05-08-2025
- Business
- Free Malaysia Today
Unexplained wealth orders: powerful but challenging tool, says TI-M
Malaysia lost RM277 billion to fraud, procurement abuse, and illicit flows between 2018 and 2023, according to Charles Santiago. (File pic) PETALING JAYA : An unexplained wealth order (UWO) could be a powerful tool in the fight against corruption—but enacting legislation for it could be fraught with challenges, says an anti-graft advocate. Transparency International Malaysia (TI-M) president Raymon Ram said securing parliamentary approval for a UWO would be difficult, as the mechanism itself appears to undermine fundamental legal principles. 'MPs who might be subject to a UWO might vote against such a law,' he told FMT. Raymon Ram. Raymon explained that under the UWO, the burden of proof is shifted onto individuals to justify their wealth. This contradicts fundamental legal principles, including the presumption of innocence, he added. Under established legal principles, the burden of proof typically rests with the claimant or prosecutor, and every individual is presumed innocent until proven guilty. Nevertheless, Raymon acknowledged that UWOs have 'remarkable potential' in the area of asset recovery and could complement laws such as the Malaysian Anti-Corruption Commission Act 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. He said any legislation enacted should frame the UWO as a civil mechanism — similar to the UK model — to avoid potential constitutional challenges, while still equipping enforcement agencies with meaningful powers. He also said that there was need for judicial oversight to prevent abuse. 'A new UWO system must be built with checks and transparency so it isn't used or weaponised against political opponents,' said Raymon. On Saturday, former Klang MP Charles Santiago urged the government to introduce legislation for the issuance of UWOs to tackle illicit wealth and systemic corruption among the elite. He said the UK recovered £62.9 million (RM390 million) in a single year through the order and related civil actions. Citing official estimates, Santiago said Malaysia lost RM277 billion to fraud, procurement abuse, and illicit flows between 2018 and 2023, or RM55 billion annually, that could have funded schools, hospitals, and food aid. However, Center to Combat Corruption and Cronyism chief executive officer Pushpan Murugiah cautioned that the UWO was 'not a silver bullet that can solve all problems related to corruption'. 'UWOs do not curb corruption by preventing the commission of corrupt acts or addressing the root causes of corruption. It merely provides an easier and faster path towards asset recovery to an extent,' he said when contacted. He also described the UWO as a form of civil forfeiture, characterising it primarily as an investigative tool designed to secure a civil recovery order by reversing the burden of proof. Pushpan Murugiah. Pushpan also pointed out that UWOs are used sparingly in the UK, with investigating agencies reluctant to invoke the law in cases involving complex asset structures. This was on account of the high legal costs they would become liable for if the UWO is overturned. He also said the obscuring in Malaysia of assets through the use of layers of shell companies and proxies may become a major barrier to the adoption of UWOs locally.
New Straits Times
03-08-2025
- Business
- New Straits Times
Watchdog: Unexplained Wealth Orders can deter graft, recover stolen assets
KUALA LUMPUR: The introduction of an Unexplained Wealth Order (UWO) could be a powerful tool to deter corruption and recover illicit assets, says Transparency International Malaysia (TI-M) president Raymon Ram. He said a UWO would strengthen Malaysia's anti-corruption framework by targeting wealth disproportionate to an individual's known income, even without a prior conviction. "It empowers authorities to demand explanations for wealth that far exceeds legitimate earnings," he said. Raymon said similar frameworks in the UK and Australia have proven effective in holding high-level individuals accountable, adding that success in Malaysia would depend on impartial enforcement. In the UK where it was introduced in 2018, a UWO is a court order issued to compel the target to reveal the sources of their unexplained wealth. If they do not provide an adequate explanation, or provide unsatisfactory evidence, the asset will be considered "recoverable property" for the purposes of a civil recovery order under the British Proceeds of Crime Act 2002 (Poca). A UWO can be sought without any civil or criminal proceedings having begun. There is no need for the subject of a UWO to have been convicted of an offence or to have had a civil law judgement against them. "If applied fairly, UWOs would send a clear message that unexplained wealth won't go unchecked." On legal implementation, Raymon said either amending existing laws or introducing a new statute is viable, though he favours a dedicated law. "While the Malaysian Anti-Corruption Commission Act and Anti-Money Laundering Act (Amla) include asset-tracing tools, they only apply during investigations into specific offences. A standalone UWO law would allow earlier scrutiny and recovery." With RM277 billion lost to fraud and illicit outflows from 2018 to 2023, Raymon said enforcement tools have proven inadequate. He, however, acknowledged challenges, especially around constitutional safeguards like the presumption of innocence and property rights. "Since UWOs shift the burden of proof, they must be carefully framed to survive legal scrutiny. "Positioning them as civil mechanisms, as in the UK, could mitigate constitutional issues." He also stressed the need for institutional capacity-building. "Agencies like the MACC and police need stronger forensic tools and protection from political interference. Judicial oversight is crucial to prevent political misuse." Raymon believes properly implemented UWOs could greatly enhance elite accountability. "Ordinary Malaysians are rigorously vetted over income for scholarships or loans, while the wealthy often avoid such checks. "A UWO regime would help level that playing field by making it routine to question and claw back wealth that can't be lawfully accounted for, regardless of one's status or connections. He added that the possibility of having to justify wealth at any time could deter corruption. "Knowing that unexplained millions could prompt immediate legal action may make those who are corrupt think twice." Meanwhile, the Coalition for Clean and Fair Elections (Bersih) chairman Muhammad Faisal Abdul Aziz agreed that Malaysia should have a mechanism to combat corruption among the elites. "Having UWO would be one of the ways that Malaysia can consider since it is perceived as straight forward and more practical to recover the stolen wealth without undergoing court processes which will take decades. "It will bring about all parties to always be cautious about the resources of their wealth." He said in order to implement UWO; "We can consider having an independent body to regulate that matter so that the UWO will not be misused for political weapons against others who are not in line with the government." Yesterday, former Klang member of Parliament Charles Santiago said in a series of posts on X that Malaysia needs an UWO to hold all elites accountable. This follows Prime Minister Datuk Seri Anwar Ibrahim's recent call for the sons of former prime minister Tun Dr Mahathir Mohamad to return their wealth if they cannot prove its sources. "This is not about rivalry, but fairness. We need a system where no one is beyond accountability, no matter how powerful.
The Star
21-07-2025
- Business
- The Star
Watchdogs call for Act to keep govt procurement in check
PETALING JAYA: A comprehensive Public Procurement Act with enforceable legal powers to address long-standing weaknesses in government procurement is urgently needed, say experts and watchdog groups. Transparency International Malaysia (TI-M) president Raymon Ram (pic) said the Act must include transparency standards, independent oversight, legal sanctions for non-compliance, whistleblower protections and clear procurement dispute mechanisms. 'Simply consolidating current guidelines is inadequate; we need a law with teeth,' he said in a statement yesterday, following the release of the Auditor-General's Report 2/2025. Raymon also called for swift enforcement by all relevant agencies, including the Malaysian Anti-Corruption Commission, police and others. 'All cases involving procurement fraud, abuse of power or negligence must be referred for investigation or prosecution. 'Any form of inaction sends the wrong signal to both the public and potential wrongdoers,' he said. TI-M also urged all implicated ministries, departments and agencies to publish clear corrective measures, including recovery of funds, disciplinary steps and procedural reforms, to restore public confidence and show institutional responsibility. Raymon also called for independent experts and third-party observers in all integrity pacts in high-risk procurements. 'The Auditor-General's Report must not be an annual ritual of regret,' he said, adding that 'it must serve as a catalyst for reform, one that rebuilds institutional integrity, ensures justice for wrongdoing and protects the interests of the rakyat.' On the Pre-Qualification (Pre-Q) system of procurement that was trialed and implemented by multiple ministries, Centre to Combat Corruption and Cronyism (C4) chief executive officer Pushpan Murugiah said C4 agreed with the findings of the Auditor-General's office, since the system was found to be inefficient and open to abuse, an open tender system should have been used instead to eliminate or at least reduce corruption risks. 'Based on the Auditor-General's Report in this instance, the goal of efficient procurements through the implementation of the Pre-Q system was hampered by the lack of a maximum period for second-stage invitation, causing them to be unnecessarily prolonged,' he said. The main issue that still needs to be addressed is that there is no legally binding baseline policy that sets the standard for all government procurements, he added. 'C4 Centre has long advocated for a Government Procurement Act that sets out minimum standards of adherence in terms of transparency, reporting and accountability at all stages of the procurement process, from advertising of tender until project implementation. 'We have seen that piecemeal reforms in specific areas of procurement does little to remedy the risks, and only shifts the flaws onto other aspects of the procurement process,' said Pushpan. Malaysia Corruption Watch (MCW) president Jais Abdul Karim said Parliament and the Public Accounts Committee (PAC) should also summon the relevant parties for open public hearings. 'We need to accelerate the implementation of the eSelfAudit system, as announced by the Auditor-General, to prevent arbitrary approvals,' he said. On the management of subsidised cooking oils, Federation of Malaysian Consumers Associations (Fomca) chief executive officer Saravanan Thambirajah proposed an IC-linked purchase system. This, he said, would be similar to the approach used in the Sumbangan Asas Rahmah (Sara) programme. 'By linking purchases to consumers' IC, the authorities will be able to prevent repeat purchases beyond the permitted limit, and ensure that subsidies reach genuine domestic consumers rather than being diverted to the commercial sector,' he noted. He said an improved digital tracking system was needed, allowing authorities to watch for abnormal purchase patterns or unusually high sales, in real time. Saravanan said the issue represented a misuse of taxpayer funds and directly affected low and middle-income households who were the intended beneficiaries of the subsidies. 'While the intention of subsidising cooking oil is to shield vulnerable groups from the rising cost of living, it does not serve the purpose if leakages occur. 'In fact, they worsen the burden on low-income households by creating artificial shortages and driving up prices,' he said, stressing the need to reassess the sustainability of blanket subsidies.
Free Malaysia Today
21-07-2025
- Business
- Free Malaysia Today
Ensure accountability in deals flagged by A-G, says TI-M
TI-M president Raymon Ram said the Auditor-General's Report must not be 'an annual ritual of regret' but followed by structural reforms. (Facebook pic) PETALING JAYA : Transparency International Malaysia (TI-M) has urged the government to ensure accountability after the Auditor-General's Report 2025 flagged issues involving several projects worth hundreds of millions of ringgit. TI-M president Raymon Ram said the report unveiled irregularities and systemic weaknesses in financial management and procurement oversight, necessitating structural reforms. Raymon said such issues were not new and had been repeatedly flagged by the audit department, but they had continued because of outdated procedures, weak oversight and a culture of impunity. 'Where is the accountability for all these lapses? 'The government must take a firm stance and hold the leadership accountable for discrepancies involving public funds. 'These recurring findings highlight institutional weaknesses that demand more than administrative corrections; they require structural reform,' he said in a statement. Raymon said the revelations further erode the confidence of Malaysians in public institutions. The A-G's report flagged serious issues on how more than RM460 million of government funds was spent on land deals, university tenders, and defence contracts between 2020 and 2024, naming Felcra Bhd, Universiti Kebangsaan Malaysia (UKM), and the army. He urged the Malaysian Anti-Corruption Commission and the police to initiate investigations into these issues to look into the possibility of fraud, abuse of power or negligence. He also called on the relevant government ministries, departments and agencies to disclose the remedial actions they would take within 30 days to show responsibility and ensure public confidence. The government must make it mandatory for independent third-party experts to be roped in to monitor high-risk procurements under 'integrity pacts', involving civil society and professionals from the private sector, he said. Raymon also urged Putrajaya to table a comprehensive public procurement law that outlines transparency standards, penalties for non-compliance and clear procurement dispute mechanisms. 'The A-G's report must not be an annual ritual of regret. 'It must serve as a catalyst for reform, one that rebuilds institutional integrity, ensures justice for wrongdoing and protects the interests of the rakyat,' he said.
The Sun
11-06-2025
- Business
- The Sun
MACC, TI-M support efforts to improve Whistleblower Protection Act
KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) and Transparency International Malaysia (TI-M) have expressed full support for the government's ongoing efforts to improve the Whistleblower Protection Act. The MACC said the joint support was conveyed when the executive committee of TI-M, led by its president Raymon Ram, paid a courtesy call on MACC Chief Commissioner Tan Sri Azam Baki at the commission's headquarters in Putrajaya today. It said the enhancement of the Act is currently being undertaken by the Minister in the Prime Minister's Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, through the Legal Affairs Division of the Prime Minister's Department (BHEUU). During the meeting, Azam reaffirmed the commission's commitment to ensuring that the identities of whistleblowers and the information provided by them are kept confidential and not disclosed, once the whistleblower meets the conditions stipulated under the Whistleblower Protection Act 2010. 'Meanwhile, Raymon said TI-M had submitted proposals to BHEUU to review several sections of the Act that contradict other laws, which could result in the loss of protection for whistleblowers,' it said in a statement. Both parties also discussed mutual concerns, including political funding, the strengthening of the Integrity Pact in Malaysia, the implementation of the Anti-Bribery Management System (ABMS) MS ISO 37001 accreditation, and beneficial ownership declaration. 'All tenderers and companies participating in government procurement, based on the guidelines of the Companies Commission of Malaysia, are seen as capable of preventing corruption and fraud in procurement processes involving government suppliers,' the statement said.
