JPJ officers nabbed by MACC

The Malaysian Anti-Corruption Commission (MACC) arrested 44 individuals, including 32 Road Transport Department (JPJ) officers and a traffic cop for allegedly protecting lorry drivers (by accepting bribes) who committed traffic offences, particularly overloading and technical shortcomings of the lorries. The commission highlighted that the detainees held various ranks, including senior officers, while the proxies are members of the public.

The arrests were made in various parts of the country (Kedah, Penang, Perak, Perlis and Melaka) under a massive operation codenamed “Sukat”. “One of the ways they operated was these officers took no action on the lorry companies that had committed traffic violations in return for bribes that were either credited directly into their personal bank accounts or their proxies every month,” the MACC said in a statement today. The detainees are suspected of receiving between RM150 and RM3,000 a month, with the total value (of bribes) amounting to RM1.64 million between 2019-2020. 

According to WHO, approximately 1.35 million people die each year as a result of road traffic crashes and cost most countries 3% of their gross domestic product. In 2019, there were around 15 thousand reported casualties from road accidents. Bad drivers are a good indicator of a corrupt system, and some of the worst fatal road accidents in the country often involved faulty huge carrier lorries, and the frequent rate of such incidents have raised suspicion of corruption among regulators who conduct an inspection on the drivers and the companies operating the trucks. These arrests could be the beginning of stopping the direct and indirect effects of corruption on motor vehicle crash deaths.

The investigation focused on offences committed under Sections 16 and 17 of the MACC Act 2009. MACC chief commissioner Datuk Seri Azam Baki said the operation was the result of cooperation between the MACC and JPJ in efforts to improve integrity. 

Section 17A of the MACC Act 2018

Section 17A of the MACC Act 2018 will enable the prosecution of individuals accused of corruption, not only organisations. Under the provisions, any organisation’s “directors, controllers, officers, partners, or managers are deemed to have committed the same offence. This carries a maximum penalty of a fine of not less than 10 times the value of the gratification or RM1 million, whichever is higher, and 20 years’ jail unless the firm can prove that it had in place procedures designed to prevent corrupt practices. 

The provision is modelled after the United Kingdom’s Section 7 of the Bribery Act 2010, which is widely regarded as ‘the toughest anti-corruption legislation in the world'” (New Straits Times, 2019). Perhaps it’s no coincidence that Malaysia improved by six points and jumped 10 places to 51 in Transparency International’s 2019 Corruption Perceptions Index (CPI). The CPI “measures public sector corruption, including bribery, diversion of public funds, public office use for private gain, and nepotism in the civil service” (Free Malaysia Today, 2020). The change in law and perception meets popular demand in Malaysia, with too many bribery and corruption cases happening. 

MACC Act’s provisions are meant to encourage business and commercial activities to be carried out in a corruption-free environment; to encourage all commercial organisations to take adequate measures to prevent corruption in their respective organisations, and to promote better corporate governance and legal compliance by requiring corporations to take proactive roles in preventing corruption.

Demonstrating “adequate procedures” with ISO 37001 certification

Now more than ever, it is critical that organisations undergo a program of compliance and demonstrate “adequate procedures” with ISO 37001:2016 Anti-Bribery Management standard certification. ISO 37001 is established, tried and tested program that provides a comprehensive program for preventing bribery and corruption. It can be tailored to organisations of all sizes and industries, and certification requires the demonstration that processes have been implemented effectively – with follow-up evaluations. The new corporate liability provisions to the MACC Act are important for safeguarding Malaysia’s economy and investments.

It is crucial to trust your anti-bribery and compliance strategies to accredited ISO 37001 certification providers. ABAC®-Malaysia has recently announced that the United Kingdom Accreditation Service (UKAS) has accredited its ABAC Certification services for administering the ISO 37001:2016 Anti-Bribery Management Systems standard. ABAC®-Malaysia provides ISO 37001:2016 anti-bribery management systems certification for all types of organisations across the globe that implement prescribed measures to prevent, detect and address bribery. Under this, UKAS accredited ABAC® in the UK, Malaysia and UAE for ISO 37001:2016 Anti-Bribery Management Systems (ABMS) certification under ISO/IEC 17021-1: 2015 conformity assessment requirements for bodies providing audit and certification of management systems.

Trust ABAC®-Malaysia, your accredited certification provider in Malaysia, to comply with requirements of Section 17A of the Malaysian Anti-Corruption Commission Act (MACCA 2018) with confidence. To learn more about how the ABAC®-Malaysia can help tailor an ISO 37001 certification program to your organisation, contact ABAC®-Malaysia today.

Prove That Your Business is Ethical

Complete our FREE Highest Ethical Business Assessment (HEBA) & evaluate your current Corporate Compliance Program. Find out if your organisation’s compliance program is in line with worldwide Compliance, Business Ethics, Anti-Bribery and Anti-Corruption Frameworks. Let ABAC®-Malaysia experts prepare a complimentary gap analysis of your compliance program to evaluate if it meets “adequate procedures” requirements under the UK Bribery Act, DOJ’s Evaluation of Corporate Compliance Programs Guidance and Malaysian Anti-Corruption Commission.