PSC MUST BE ALLOWED TO CARRY OUT ITS DUTY INDEPENDENTLY WITHOUT HAVING TO REFER TO THE MINISTER

PSC MUST BE ALLOWED TO CARRY OUT ITS DUTY INDEPENDENTLY WITHOUT HAVING TO REFER TO THE MINISTER

Tan Sri Dato’ Sri Azam bin Baki’s press conference has raised more questions than answers. We welcome the decision by the Securities Commission to summon Azam Baki for further investigation on the issue.

However, parliament must also be allowed to further investigate and question Azam Baki as this is a matter of great public importance. The integrity of the Malaysian Anti-Corruption Commission is at stake.

The parliamentary investigation should be done via the Special Select Committee (PSC) on Agencies under the Prime Minister’s Department. The PSC is bi-partisan in nature as it consists of MPs from various parties, including PAS, UMNO, GPS, PKR, DAP, and WARISAN. The primary role of the PSCs is to contribute to good governance by monitoring the executive, especially on issues of public importance such as Azam Baki’s equity ownership.

We have brought the matter to the attention of the PSC on 29 December 2021, where we proposed for the PSC to summon Azam Baki to clarify on the issue and answer questions. The Chairman of the PSC then referred the matter to the Dewan Rakyat Secretary for further action and to set the meeting.

However, the Secretary has sent a letter to the Minister in the Prime Minister’s Department (Parliament and Law) for his response. We, as members of the PSC, disagree on the need to refer the issue to the Minister. The PSC, as an institution established by the Dewan Rakyat, must function independently from the executive. The PSC cannot function effectively if its mandate is subject to the Minister’s discretion as there may be a conflict of interest. This would also set a negative precedence for all other PSCs.

This matter was brought up by the MP for Ipoh Timur, Wong Kah Who, on 7 October 2021 in the Dewan Rakyat. He has asked the Minister, Wan Junaidi, if the PSCs has the power to set its own agenda and determine the issues to investigate without having to refer to the Minister. The Minister replied that the matter “tidak perlu bangkit kepada Menteri… ini tidak perlu”.

As such, it is now counter-productive for the PSC to refer the Azam Baki issue to the Minister. The secretariat of the PSC must immediately set a meeting and issue a letter to summon Azam Baki to clarify on the controversy surrounding him. The best date for the meeting would be 20 or 21 January 2022, during the emergency parliamentary meeting on the flood crisis. This would optimize the use of time and resources as members of the PSC would be present in parliament anyway.

In addition, the Minister should reaffirm that the PSC can decide on its own agenda and refrain from intervening. As a matter of urgency, we will also be writing to the Speaker of the Dewan Rakyat to clarify on the issue.

We iterate that the PSC must be allowed to function independently from the executive. The mandate and authority of the PSC, and parliament as a whole, must be respected.

YB CHAN FOONG HIN

MP Kota Kinabalu

YB KHOO POAY TIONG

MP Kota Melaka

YB DATUK MOHD AZIS bin JAMMAN

MP Sepanggar

YB WILLIAM LEONG

MP Selayang