Higher penalties needed
on the Star, June 11, 2018
ACCORDING to the Malaysian Anti-Corruption Commission (MACC) Act, generally speaking, corruption or bribery is the act of giving or receiving of any gratification or reward, in cash or in kind, for performing a task in relation to a person’s job description.
An example is a contractor giving an expensive watch to a government official in return for awarding a project to a company belonging to the contractor. More examples can be found in the MACC’s website, sprm.gov.my.
Bribery can also be in the form of gifts in kind such as discount offers, votes, services (including sex), job position or placement, loans and many other forms of payment.
There are four main offences relating to bribery and corruption as set out in the MACC Act.
First, soliciting or receiving gratification (bribe) under Sections 16 and 17(a) of the MACC Act, which is the common scenario of a person or agent soliciting/receiving any form of gratification/bribe as an inducement for performing or not performing a task.
An example of a previous court case: Baharudin Ahmad, former president of Kangar Municipal Council, was charged with soliciting and receiving a bribe from a contractor of a housing development spanning some 4ha in Padang Besar, Perlis. In return, he promised to approve the project as well as ensure its smooth running.
The bribe received from the contractor was RM30,000 cash, RM30,000 in a cash cheque and a Mizuno golf set worth RM2,500. The court, after finding him guilty of the offence, jailed him for four years and fined him RM1.92mil.
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