rule of law and anti-corruption challenges and opportunities

Tan Sri Hj Abu Kassim bin Mohamed

Chief Commissioner of MACCChief Commissioner of MACC

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23 Nov 201323 Nov 2013Panama CityPanama City

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1. Effective Detection2. Private Sector Corruption3. Forensic Accounting4. Public Confidence5. Conviction Rate6. Professionalism7. Transparency

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National Bureau of Investigation1973

Malaysian Anti-Corruption Commission 2009

Anti-Corruption Agency1982

Anti-Corruption Agency1967

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• Nationwide Survey • Workshops• Courses• Dialogue sessions • Staff Interviews• Revisit SOPs

• Gap Analysis• Benchmark Visits• Pilot Projects• International

Trainings • International

Trainers• New SOPs

• Nationwide Rollout• Compliance Audit• More Training• Pilot Projects• Coordination with HR• Talent Corp

Recruitment

Q2 2013 Q4 2014

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PERIOD2011 2012

No. of IPs % No. of IPs %

< 1 Month 215 22.4% 160 19.73

1-3 Months 441 45.9% 407 50.12%

4-6 Months 233 24.1% 190 23.46%

7-9 Months 70 7.2% 46 5.70%

10-12 Months

8 0.8% 8 0.99%

TOTAL 967 100% 811 100%

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Year 2008

Year 2009

Year 2010

Year 2011

Year 2012

Year 2013

26 12 1 1 2 0

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- Current law punishes individuals

- Instructions from CEO or members of the

Board of Directors

- Include provision to punish corporate

organisations

To introduce this provision as a Common Law

Definition of the offenceThe offence is committed when: a public officer acting as such wilfully neglects to perform his duty and/or wilfully misconducts

himself  to such a degree as to amount to an abuse of the public's trust in

the office holder

Agency Year 2012 Year 2011 Year 2012

JKDM 28.2 Billion 30.8 Billion 32.4 Billion

LHDN 94.0 Billion 109.0 Billion 124.88 Billion

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CASE INVOLVING MULTI NATIONAL COMPANY – SIME DARBY SIME DARBY BERHADBERHAD

OUTCOME BASED BUDGETING (2013)

“ GROWTH OF CONFIDENCE LEVEL”

THE SET UP OF PREVENTION PMO

ESTABLISHMENT OF STRATEGIC

MANAGEMENT COMMITTEE

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HUMAN CAPITAL TRANSFORMATION

OPERATIONS TRANSFORMATION

IMPLEMENTATION PHASE

2013-2015

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Post-Event(2009-2011)

16 April 2008:

• Approval was obtained from the Cabinet Ministers on the structural changes of ACA to MACC;

• Independent, • transparent and

professional.

1 January 2009:Establishment of MACC

27 July 2009:GTP (NKRA Corruption) was announced

July 2009:TBH: Investigation is seen as both not transparent and professional

November 2009:Introduction of Big Wins

January 2010:The launching of MACC Aspiration 2010

June 2010:Strategic Management (BNM)

April - July 2011:Sarbani & RCI TBH: Insistence on MACC to be more professional

27 July 2011:The set up of JET

Strategically focused

Preparation of Outcome Based Budgeting (2013)

Outcome based Performance

Shift changes through leadership

Pre Event(2008)

Implementation Stage 2012

Jobs are designed around rank and civil service pay grades.

Job requirement not linked to job value contribution.

HR system & processes is subject to PSC and JPA governance framework, e.g.: recruitment, promotion and career progression criteria may not be meeting MACC’s needs.

To migrate to a competency-based human capital management system and re-configure and develop new rulebook for all human capital processes.

To establish a full-fledge strategic HR function which will be the custodian to all human capital processes and system.

To source and staff highly competent talents for Forensic, HR, Corporate Communications and Legal.

Issues from Diagnostic Solutions & Recommendations

Executive Transformation

Committee

PMO Prevention

Task Force Based

Inspection

Corruption Prevention In Private

Sector

Curriculum Developmen

t

Political Engageme

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Civil Society

Engagement

Media & Communicati

on

Human Capital

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Service Lines

TASK FORCE BASED

INSPECTION

1. Formulation of the Project Strategic Plan

2. Gap Analysis3. Benchmarking – Best Practices4. Updating & Developing SOPs5. Designing the structure &

Prevention tool kits;6. To review, assess and analyze data,

and execute activities;

7. Connectivity with Human Resource Team

8. To maintain regular communication with stakeholders and managing day-to-day dealings;

9. To collaborate with Jawatankuasa Eksekutif Transformasi (JET) to ensure deliverables of work streams are met.

CORRUPTION PREVENTION IN PRIVATE

SECTOR

CURRICULUM DEVELOPMENT

POLITICAL ENGAGEMENT

CIVIL SOCIETY

ENGAGEMENT

MEDIA & COMMUNICATION

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1. To review the entire organizational structure of the Prevention sector covering the Inspection and Consultancy Division / Community Education Division / Strategic Communications Division of MACC;

2. To review the current systems and operations of Prevention sector of MACC;

3. To advise and recommend to the PMO Prevention and every service lines to enhance methods and strategies on Prevention;

4. To monitor the implementation of structural reforms and operating system of Prevention sector;

5. To determine the direction of human capital development of Prevention sector;

6. To develop prevention capabilities in the private sector, civil society and political aspect; and

7. To receive, review and endorse proposals of each service line on the improvement of Prevention sector.

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