Government heads answerable for “careless or negligent or stupid” waste – MACC chief on AG’s report

MACC sets up committee to oversee flood fund management – Bernama

Heads of government departments and agencies must take responsibility for the actions of their subordinates instead of passing the buck when problems arise, said the Malaysian Anti-Corruption Commission (MACC).

"The heads of department do not take responsibility for the mistakes and carelessness of their subordinates, which has led to millions of ringgit reported in wastage. Instead, they assume that the Auditor General or the MACC will solve the problem," said MACC chief commissioner Tan Sri Abu Kassim Mohamed (pic).

Abu Kassim said the MACC cannot investigate cases if there is no criminal intent.

"The MACC cannot investigate cases where wastage and financial mismanagement was due to negligence and carelessness," he said.

"It is not a crime in Malaysia to be careless or negligent or stupid when handling public funds. This is an internal matter where the offender must be disciplined by his own superior, not the Auditor General or the MACC."

He said the heads of department must take ownership of their staff and "behave as if the funds were their own".

"People are generally prudent and careful with their own money, they must not think that since it is public funds, there is no need for frugality," said Abu Kassim.

He said the main issue which needed to be tackled was the present set of rules and procedures in the civil service, which must be reviewed to address insufficiencies and shortcomings.

Giving an example, Abu Kassim cited the case of computers worth RM2,000 each being purchased for RM20,000.

He said the deal was approved because the civil servant responsible was merely following the procedure of accepting the lowest tender offer, despite the price being grossly inflated.

"In the case of binoculars being purchased for RM6,000 when the price was only RM2,000, the culprit responsible was charged in court as there were elements of corruption. But in the case of the computer, the civil servant was merely following the procedures.

"This is why the MACC sat down with the Auditor General to review the 2012 report. We needed to examine all the discrepancies which had been highlighted and decide which had elements of corruption," Abu Kassim said.

Fifteen cases had suspicious factors and investigation papers were opened.

But Abu Kassim pointed out that sometimes it was bureaucracy, and not corruption, which led to wastage and mismanagement.

"Incorrect decisions made by civil servants is not a crime under the law, even if the mistakes and negligence cost the government millions of ringgit. In Malaysia, we cannot charge a person in court for plain stupidity," he said.

Abu Kassim made the comments at a forum titled Audit Report: Leaks or Lapses held at the Karangkraf office in Shah Alam today. Also present were Auditor General Tan Sri Ambrin Buang, Public Accounts Committee chairman Datuk Nur Jazlan Mohamed and DAP publicity secretary Tony Pua. – October 10, 2013.