Mungkinkah undang-undang ‘halang’ akauntabiliti dalam kemelut TH?
Undang-undang sedia ada memberi kuasa terlalu luas kepada menteri selain menyukarkan usaha membuktikan niat salah laku.
A contentious debate has erupted regarding the accountability of the Tabung Haji (TH) organization amid allegations of misconduct within its management. The controversy was sparked by a report from the Royal Malaysian Anti-Corruption Commission (RCI) on the TH, which led to public outrage and calls for action against certain individuals. The term 'sakau', often used to describe fraud or financial misconduct, was employed in discussions surrounding this issue, elevating the gravity of the accusations.
Some lawmakers, including a young MP who had previously faced multiple criminal charges and was acquitted by a narrow 2-1 majority in the Federal Court, have questioned the accountability of TH. While efforts have been made by TH to improve its internal management since 2018, and new management practices have been introduced, the timing of the RCI report, released just before the recent state elections, has been questioned, suggesting a possible hidden agenda.
Following the release of the report, no criminal charges were brought against any individuals, raising questions about the adequacy of the investigation or the absence of strong evidence to support prosecution. However, an internal inquiry within the TH did take place, resulting in demotions, severe reprimands, and stern warnings. Yet, these actions were based on circumstantial evidence and were criticized for being insufficient to justify legal proceedings.
The central issue lies in the Tabung Haji Act 1995, which grants extensive powers to the minister responsible for the institution. Similar powers apply to other institutions, including the Human Resources Development Corporation (HRDC). These powers include appointing, dismissing, and, if necessary, terminating the service of board members. However, prosecuting misuse of such powers under Section 23 of the SPRM Act is a complex task, as proving intent to commit a crime is extremely challenging.
This issue highlights the dilemma of granting ministers almost limitless powers while expecting accountability. The recent case of the Klang Free Trade Zone (PKFZ) involving a minister and allegations of misconduct failed in court and did not lead to further action. Accountability, management, and integrity remain crucial concerns for TH and other institutions.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
