Will new law effectively curb civil servant misconduct and leakages?

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The Proposed Legislation's Effectiveness in Curbing Civil Servant Misconduct and Leakages Remains Unsubstantiated

A new law is being promulgated to classify civil servants' misconduct as corruption-oriented criminal offenses, with the stated intention of curbing leakages of government allocations. However, the extent to which this legislation will effectively achieve these objectives is not detailed in the provided information. The Malaysian Anti-Corruption Commission (MACC) has proposed this law, highlighting that current regulations prevent action against mere misconduct, which has led to significant government losses.
MACC's Rationale for the Proposed Law

Tan Sri Abu Kassim Mohamed, the MACC chief commissioner, explained that substantial government losses are primarily attributed to public officials' misconduct rather than explicit corruption-oriented criminal elements. Under existing frameworks, the MACC lacks the authority to prosecute cases that fall strictly under misconduct, leading to a gap in accountability. The proposal for this new legislation has been submitted and is currently under review by the Attorney-General’s Chambers before it can be presented to the Cabinet for further consideration.
Previous Instances of Misconduct and Action Taken

The need for such legislation is underscored by past findings. On February 28, Chief Secretary to the Government Tan Sri Dr Ali Hamsa indicated that 18 investigation papers concerning civil servants' misconduct and negligence, as identified in the 2012 Auditor-General’s Report, had been forwarded to the Attorney-General’s Chambers for appropriate action. These cases included alleged false claims related to the Malaysian Emergency Response Services (MERS) 999 project, where Telekom Malaysia reportedly submitted claims totaling RM4.37 million between 2007 and 2012.
Specific Examples of Financial Irregularities

Further details from the MERS 999 project illustrate the nature of the alleged financial irregularities. Between 2007 and 2010, Telekom Malaysia is also said to have claimed RM3.19 million for promotional and publicity services, despite the project having been cancelled during that period. These instances highlight the types of financial leakages and misconduct that the proposed law aims to address by potentially elevating such actions to criminal offenses.
Disciplinary and Surcharge Proceedings Initiated

In response to identified cases of misconduct and negligence, various actions have been taken. Out of a total of 24 cases involving 140 officers that had been identified, disciplinary and surcharge proceedings were initiated. Specifically, disciplinary action was commenced against 99 officers, while 12 officers faced both disciplinary and surcharge proceedings, and an additional 29 officers were subjected solely to surcharge proceedings. The effectiveness of these measures in preventing future occurrences of misconduct and leakages is not elaborated upon.

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Will new law effectively curb civil servant misconduct and leakages?

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