Asset declaration a powerful tool to cleanse the

country.

There was action taken by the Pakatan Harapan’s government when their
parliamentarians declared their assets to MACC. However, the declaration is
confined to their monthly income and assets, and does not contain details about the
assets, income sources and liabilities.

As seen on the website, Former Prime Minister, Tun Dr Mahathir’s income is

RM75,861.57 and total assets are RM32,357,900. The monthly salary of a Prime
Minister is RM20,544 and a minister is RM13,416.

The public confidence

There have been countless calls for transparency and full public disclosure of assets
by elected and public confidence in the integrity, accountability and good governance
of the government.

Studies show a growing trend in many countries towards requiring public officials to
declare their assets and income and increasingly also those of their spouses,
children and immediate family members. Across the world, the public expect their top
leaders being public figures and people in power to fully divulge such information.

Penang state executive councillors also publicly declare their assets online, in line
with the competency, accountability and transparency principles.

Determine the basic integrity

Declaration of assets is a preventive measure against graft and other malpractises. It

also helps determine the basic integrity of public servants. Apart from increasing
transparency of and trust in the public administration such can prevent conflicts of
interest, collusion, uncover illicit enrichment, false accusation of their wealth of
politicians and public servants.

This is a valid demand because they control allocation of resources and their
salaries are paid by tax payers. Studies show that an assets declaration open to
public scrutiny helps ensure leaders do not abuse their power for personal gain.

The Malaysian Anti-Corruption Commission (MACC) should take the battle against
graft several notches higher by seeking access to civil servant’s assets declaration
with the Public Services Department. It’s Intelligence Based Investigation which has
shown a big impact in solving cases of misuse of power and corruption involving the
public interest. This will allow MACC the iniatiate pro-active investigations against
suspects instead of waiting for reports to be lodged.

Did the other countries do the same thing?

In order to improve transparency of public service and comply with the United
Nations Convention Against Corruption, the Macau government established the legal
Regime of Declaration Assets and Interest in April 2013.

This covers all public office-holders, including the chief executive, the commisioner
of audit, the commisioner of the unitary police service, members of legislative
council, directorship and senior management offices of public legal persons, as well
as chairpersons and board of directors, administrators and supervisors.

All Commision against Corruption (CACC) staff submit their declaration forms to the
Secretariat of Court of Final Appeal while the other staff of public administration
submit their forms to the Declaration of Assets and Interest Division of the CACC.
This is one of the best and most effective asset disclosure system.

Phillipines also did their own way which is Filipinos have their right to review the
financial disclosures of all public officials and employees, including their spouses and
unmarried minor children living in their households, pursuant to Section 8 of the 1989
Code of Conduct and Ethical Standards for Public Officials and Employees. The
Phillipine Centre for Investigate Journalism also posts the assets declaration of the
congress and the cabinet in an online database.

The asset declaration framework of Indonesia is a good and effective model which
requires public officials to submit a wealth report within two months of taking office,
getting promoted or transferred.

Thailand’s 1999 Organic Act on Counter Corruption requires all political office-
holders and high-ranking public officials to make full disclosure of their assets and
liabilities, including those of their spouses and minor children.

The National Counter Corruption Commission is responsible for publishing the

financial disclosures of a number of highest-rangking public officials in the
government gazette.

In Malaysia, political parties were ranked as the most most corrupt amongst top six
key institutions aheada of the police and civil servants based on the Malaysia
Corruption Barometer (MCB) 2014. To counter this perception it is even more
important for such entities and connected individuals to declare their assets to public
or other government enforcement agencies such as MACC.

Powerful tool to prevent corruption

According to a World Bank report, asset declaration is regarded as a powerful tool to

prevent corruption and conflict of interest and to identify ill-gotten gains among public
officers.

Political analyst, Prof Dr Nik Ahmad Kamal Nik Mahmod said that the transparency
with regard to an MP’s financial standing and wealth accumulation would enable the
people to know if their elected representative is clean or otherwise. It will also throw
more light on whether an MP is carrying out his duties in a fair, objective, transparent
and accountable manner.

An effective assets declaration system and a mechanism can werify and reduce
abuse of power and corruption. If leaders are seen to live beyond their means, an
asset declaration can be starting point for investigation by the relevant enforcement
agencies if there is resonable grounds to believe they are living beyond their means,

In Malaysia, all ministry secretaries-general and heads of department are required to

declare their assets only to the Public Services Department and Cabinet Members to
the Prime Minister.

This raises questiones as the failure to place this issue under an independent body
obviously results in reduced transparency. Moreover, the administration of disclosure
of assets requires an evaluation and monitory agency to verify, investigate the
information and take action against those who fail to comply.

The leadership of the country as the best example

A step to overcome this is to request the leadership of the three branches of

government which is the executive, legislative and judiciary such as the top
management in Civil Service, Ministers including the Prime Minister and his deputy,
Chief Minister, Judges, Attorney General to declare their assets to the MACC and
eventually to be published online.

The Auditor-General and Inspector General of Police and also Chief of Malaysian
Armed Forces should declare their assets to the MACC. Besides that, the MACC’s
Chief Commisioner should declare his assets to parliament. This will be in line with
the belief that transparency and accountablitiy start from the top.

Law enforcement
Citing a World Bank Report, 70% of high-income European and central Asian
nations, as well as 97% of the Organisation for Economic Co-operation and
Development member countries, it is cumpulsory for public officers to publicly
declare their assets.

The government should amend Section 36 of the MACC Act to make it easier for it to
compel an individual to declare his assets without having to first initiate and
investigation.

If this section is amended, anyone suspected to have unsual wealth would have to
explain to the commission. The amendment should top the government’s to-do list
because the iniative, if implemented, would enhance public confidence in the MACC.

As such, it becomes very necessary for the politicians and public servants to be
honest, maintain and adhere to integrity standards. Any law pertaining to asset
declaration must take into consideration the technical knowledge and skill needed to
determine the different types of movable and immovable property and their real
value and price, as well as the importance of completing the verification process
quickly and accurately to avoid prolonged inspections.

Conclusion

Asset declaration has become a practise in Denmark, Finland, Norway and

Singapore, whereas in Canada and Mexico, it is implemented through conditional
disclosure.

Malaysia may have to study the type of assets that to be declared, others than that
need to be taken into consideration are liabilities, expenses, income, gift received
and vacations.

Asset declaration also reflects the nurturing of democratic values and enables the
people to evaluate the sincerity of their elected representatives in fulfilling the trust
placed on them by the people. It will also enhance the people’s confidence in the
government and draw foreign investors to this country.

Disclosure of assets should be done not only before and after taking office. There
should also be periodical net worth analysis kept on record by the MACC. It also
appropriate experts and investigators. This administration of assets disclosure will
monitor, collect and evaluate information on the assets periodically. An asset
profiling system should be introduced to determind how much assets personnel are
expected to have, based on their positions, years of service and present and past
emoluments.
Economically, corruption depletes national wealth and integrity is vital to a nation’s
success and survival. As such its implementation should be done without delay.

We need virtuous leaders with impeccable character. They must emulate and lead
by good examples set by some of our pioneering politicians in going all out to fight
corruption, bot in word and deed. The senior government servants and members of
administration and political leaders must not only be corruption-free but must also be
seen to be so.

Firzan Hakimi
11 June 2020