Latest news with #WhistleblowerProtectionAct
Daily Express
22-05-2025
- Politics
- Daily Express
Innocent taxpayers biggest losers in graft
Published on: Thursday, May 22, 2025 Published on: Thu, May 22, 2025 By: David Thien Text Size: (From left) Adi, Michael, Hanafiah and Haffisz. Kota Kinabalu: It is ordinary citizens who end up paying the price for corruption and in the case of the 1MDB which cost the taxpayer RM42b, the impact will last for generations to come. Senior Chartered Accountant Partner at Crowe Horwath, Michael Tong, said 1MDB was also a world record-breaker in public looting. He was speaking at the recent NGO Sabar – Kopitiam Council 'Sabah Voices to Action' Episode 8 podcast recently on Good Governance, Public Fund Leakages & Mismanagement with Permanent Secretary of Sabah Ministry Science, Technology and Innovation, Datuk Mohd Hanafiah Mohd Kassim. The rot starts at the top and the consequences are still felt today. 'Closer to home, our Water Dept scandal uncovered in 2016 revealed senior government officials embezzled over RM60 million which was meant for the rural water supply projects. 'Deep entrenched cartel system collected and distributed to as high as the ministerial level,' he said. Both Michael and Mohd Hanafiah agreed there is a need to check graft that could undermine the progress of the state and steal the future of generations of Sabahans by a corrupt minority in positions to do so.' Advertisement 'The culture of complacency and apathy on graft must go, to be replaced by a culture of accountability and transparency.' People need to be guided, convinced, and educated about the consequences of corruption, and be able to express outrage in disapproval of it and not be apathetic, as Hanafiah puts it: 'Tidak payah lah, ini bukan saya punya hal.' Michael called for the Whistleblower Protection Act to be improved to curb corruption. The Whistleblower Protection Act 2010 was enacted to encourage and facilitate disclosure of improper conduct in both the public and private sectors. Under the Act, the range of protection goes as far as protection of confidential information; immunity from civil and criminal action; and protection from detrimental action. Michael noted that in a recent case the whistleblower became his own victim. He said it is important to forge political will to achieve efficiency and curb wastage by GLCs. Hanafiah said competency is crucial to check graft, with the proper governance and SOPs. It is an ongoing struggle as good and experienced personnel can be retired as time goes. 'All religions teach morality and between right and wrong,' Michael said, 'The shame culture is not there for people who engage in corruption. 'They don't have that dignity and honour to uphold the good name or legacy of their family. The culture of honouring and the culture of being shameful of wrongful conduct is lacking,' Michael noted. AG's report too late Hanafiah noted that at one point in time, the salaries of federal civil servants had not been reviewed for more than a decade. Sabah has one of the highest poverty rates in the country. He once asked the authorities on the people convicted of corruption – only 40 per cent prosecuted were the 'buayas' or big crocodiles, most were the 'kacangs' or (peanuts) or low level offenders. Michael noted that corruption is a long-standing issue due poor governance, lack of transparency, systemic corruption that is practiced and acceptable, and inefficiencies in public administration, insufficient check and balance institutions, poor integrity and moral values. He also said the It was reported reports by the Auditor-Generals came very late. This has not enabled the government to take action against corruption. 'The belated yearly National Audit Dept reports are on government projects at inflated costs like schools, hospitals and public infrastructure. 'Still the worst projects suffered from delays and substandard quality. Sabah's uncompleted Pan Borneo, quite unlike Sarawak's completion rate, is a clear comparison on the efficiency of the Pan Borneo Road project between the two States.' Placing experts in GLCs lauded Michael lauds the state government's recent placement of professionals into the management of some GLCs, noting these professionals would not risk their good reputation in tolerating graft, mismanagement and nepotism abuse which are detrimental to the operational health of these agencies. 'As most of these entities which are not managed by technocrats and professionals but political appointees, business is seldom practised as the corporate objective is to make profit. In some cases resulting in competing unfairly with private entrepreneurs.' He cited the example of MAS requiring multiple restructuring and bailouts with taxpayers' monies due to mismanagement. Michael recalled that in Sabah many industries set up by the Berjaya administration suffered losses and eventually sold off. 'Sabah, despite being resources rich, is one of the poorest states and one wonders how effective are these poverty alleviation programmes where there is criticism for inefficiencies and leakages and where the funds were alleged to have not reached the intended beneficiaries. 'One also needs to question whether the root cause of poverty has been properly addressed, or we are just treating the short-term symptoms especially without really understanding the cause such as the migration of Sabahans to work in West Malaysia because of better employment opportunities.' He noted that the need for a political war chest fund to win elections also contributes to cases of corruption. 'Sabah Voices to Action - Shaping Sabah's Future Together' is a citizen-driven, non-partisan initiative running from March to June 2025, dedicated to amplifying Sabahans' voices, fostering meaningful discussions, and shaping policies on education, healthcare, public infrastructure, and good governance. * 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
The Mainichi
20-05-2025
- Politics
- The Mainichi
Editorial: Hyogo Pref.'s criminal complaint impedes media reporting in public interest
In the latest development in Gov. Motohiko Saito's alleged power harassment and other acts, the Hyogo Prefectural Government filed a criminal complaint with the prefectural police accusing an unspecified person of leaking information in violation of confidentiality obligations under the Local Public Service Act. What cannot be overlooked is that the act of providing information to the Shukan Bunshun weekly magazine was included in the subjects of the criminal complaint. The move could undermine media outlets' ability to check governments through reports based on whistleblowing. The Hyogo governor's alleged power abuse and other problems came to light through an anonymous document that was created by a former chief of the prefectural government's Nishiharima District Administration Office. Based on the prefectural government's audio recordings and documents, Shukan Bunshun reported in 2024 that then vice governor had grilled the former district chief, alleging that he was the whistleblower behind the anonymous missive. Searching for a whistleblower contravenes the Whistleblower Protection Act. Shukan Bunshun's reporting was of high public interest in providing society with a glimpse into improprieties of the prefectural government's conduct. This fact was brought to light because of the individual who, even at risk, supplied insider information. Protecting the confidentiality of the sources of information is a crucial principle of the press. The prefectural government's action is unacceptable as it attempted to identify and punish the informant who should be protected. The prefecture filed the criminal accusation in response to a report by a third-party committee that investigated the information leak. Their investigation was sparked by an incident in which Takashi Tachibana, head of the political group NHK Party, and others spread online private information of unknown authenticity that was left on the former bureau chief's work computer. The information had nothing to do with the whistleblowing and was degrading of the former bureau chief, who died in 2024. Regardless, the prefectural government added Shukan Bunshun's digital edition reporting to the targets of investigation by lumping it together as "online information." The implementation outline of the inquiry, including its purpose and targets, had initially been withheld, and the details were only made public on March 31 when the report was released. That's when the inclusion of the Shukan Bunshun coverage as a subject of the investigation was first disclosed. The prefectural government's decision to treat the exposure of privacy the same as information provision that serves the public interest is beyond comprehension. It was the governor himself who decided to set up the third-party panel. While he explained that the selection of investigation targets was at the discretion of the human affairs division, he cannot evade his responsibility as the head of the prefectural administration. The prefecture is urged to withdraw the criminal complaint that could silence its conscientious employees.
Yahoo
08-05-2025
- Yahoo
New Mexico Supreme Court reverses Whistleblower Protection ruling
Supreme Court of New Mexico: (from left) Justice Julie J. Vargas, Justice Michael E. Vigil, Chief Justice David K. Thomson, Justice C. Shannon Bacon, and Justice Briana H. Zamora. (Photo courtesy of the Supreme Court.) The state Supreme Court on Thursday issued a unanimous opinion it says reconciles conflicting rulings by the Court of Appeals regarding the state's Whistleblower Protection Act. Specifically, the new opinion says for a public employee to receive protection under the act, disclosures about wrong or illegal actions by a public employer must benefit the public in some way. While case law is 'sparse' regarding the Whistleblower Protection Act, the opinion says, the Appeals Court decision in the case of corrections officer Manuel Lerma conflicted with one of its earlier rulings, the state Supreme Court said, and too narrowly interpreted the law. Lerna, who had 16 years' experience with the New Mexico Corrections Department, transferred to a new facility where he guarded the prison's sally port and ensured, as 'safety protocol' that one side of the dual-gate system remained closed when the other was open. dual-gate system was to have one gate closed when opening the other gate as a 'safety protocol.' Lerna's 'strict' enforcement of this protocol led to 'disagreement' between him and other transportation division corrections officers, who wanted him to leave both gates open 'at the same time…so they could come and go as they pleased.' Lerna alleges that 'one day while he was driving home from the prison, his vehicle 'kept [being] block[ed]' when it was sandwiched between two vehicles, each driven by a DOC employee, causing him to pull his vehicle over and stop in an empty lot. Plaintiff, 'fearing for [his] life,' was beaten by a fellow corrections officer. A prison supervisory lieutenant filmed the altercation using his agency-issued cell phone.' Lerna reported both the pushback on the protocol and the violent episode, and Corrections cited and disciplined two people involved for what the department acknowledged as 'egregious conduct.' Lerna, however, contends he was reassigned after disclosing as retaliation. He subsequently filed a lawsuit citing violations of whistleblower protections, which a district court dismissed in response to Corrections Department arguments that Lerma's grievances were personal and not covered by the act. Lerma challenged the district court's summary judgement against him and the Appeals Court ruled in his favor, saying his grievances did not have to be for the benefit of the public. This, the state Supreme Court said in its opinion today, is incorrect. 'A public employee's disclosure of illegality or wrongdoing qualifies for protected whistleblower status, if otherwise eligible, so long as the disclosure confers a benefit on the public, irrespective of which benefit – public or personal – may be said to predominate,' the opinion written by Chief Justice David K. Thomson said. The court returned the case to the Appeals Court to decide if Lerma qualifies for whistleblower protection under that standard of public benefit.
E&E News
05-05-2025
- Business
- E&E News
Former DOGE official cannot legally fire Interior lawyer, group says
Attorneys representing an Interior Department lawyer the agency wants to fire are focusing their efforts on restoring the lawyer's job on the actions of a former member of the Elon Musk-led downsizing team who's now a top Interior official. Public Employees for Environmental Responsibility says in documents filed with the department last week that Tyler Hassen, a former member of the so-called Department of Government Efficiency who's now Interior's acting assistant secretary for policy, management and budget, lacks the authority to fire the attorney whose actions were protected under the Whistleblower Protection Act, among other laws. Hassen last month formally notified Tony Irish, an associate solicitor for Interior's Division of General Law, that he was being terminated after the lawyer and at least two top Interior IT officials resisted attempts by agency employees affiliated with DOGE to gain access to a federal payroll system that contains sensitive information on thousands of employees. Advertisement The documents were submitted Friday to JoDee Hanson, a top aide to the Interior secretary who will decide the merits of Irish's administrative challenge to Hassen's decision to fire him. Irish has been on administrative leave since March following the dustup over the payroll access that DOGE was eventually granted.
Time of India
04-05-2025
- Politics
- Time of India
Social media ‘Singhams' may face dismissal under draft bill
Nagpur: Slickly edited Instagram reels of IPS and IAS officers with loud music and texts like "Singham" floating on the screen, may soon be a thing of the past as Maharashtra govt is mulling a bill to stop self-glorification on social media by govt employees. Tired of too many ads? go ad free now A draft — "The Maharashtra State Government Employees Social Media Regulation Act, 2025" — is under consideration of the general administration department (GAD), Nagpur-based MLC Parinay Fuke, a close aide of CM Devendra Fadnavis, said. Fuke had raised the issue in the legislature in December last year and again in March. He said, "CM Fadnavis replied and informed the legislature that by next session, new rules will be put in place to regulate social media use by officials." Fuke, who is part of Fadnavis' inner circle, added that the current draft does not step on personal freedom of officers. "The draft makes it clear that use of social media for personal glorification during office hours won't be allowed," said Fuke. "When an official is in uniform, or on duty (in case of IAS), how he or she conducts herself is governed by service rules. But back then there was no social media, hence we must first define what is allowed and then lay down the legal consequences of flouting those rules," said Fuke. It is not uncommon for some senior IAS and IPS officials to have their mini entourage of cameramen. Fuke also raised questions about top officials using the department's social media team for their personal image projection. A former Nagpur corporator said, "We have had IAS officials here who would take along cameramen even at 6am for events or surprise checks. Videos of internal meetings, where employees are being yelled at, were put on social media by some officials to present an image that they are holier-than-thou." Tired of too many ads? go ad free now Reels showing officers catching traffic offenders or getting someone quick justice, gets lakhs of views and go viral. Many such officials then appear on different shows for interviews and gain huge popularity. Fuke said, "Helping people is their duty, that's what they are paid for. But using a social media ecosystem to present oneself as Robinhood, is an area of concern." With some IPS and IAS officers having lakhs of followers on social media, what they post on social media makes a big difference. Fuke said, "In the draft we have mentioned that officials must not make political statements. Also, they must not take credit for govt policies, nor should they criticize on social media." But the draft clarifies that govt employees can expose any shortcomings in the system, if it is done "through legally protected channels under the Whistleblower Protection Act or relevant provisions of law". While the proposed rules are still in the infancy draft stage, Fuke says things will move fast. "You note it down, the govt will introduce the bill in the next session," said Fuke.
