The Nantha Kumar Case Is Destroying The Integrity Of The Malaysian Anti-Corruption Commission

Its time to abolish this institutionally corrupt organization

When Anwar Ibrahim became prime minister in November 2022, he promised that fighting corruption would be his first priority. The Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC) Azam Baki himself said, that approximately 30 percent of government spending is lost through leakage connected with corruption.

Although Malaysians at first had high hopes, the further rapid decay and politicization of the MACC since Anwar came to power has created much disappointment. The Nantha Kumar case, now playing out is highlighting the lack of integrity of the MACC, which has openly appeared to have been working in cahoots with the allegedly corrupt parties to entrap an investigative journalist, who has been uncovering their illegal operations.

Nantha Kumar is an investigative journalist working for the well-known independent news portal Malaysiakini. Nantha had been uncovering a “fly” syndicate operating at Kuala Lumpur International Airport (KLIA) and had published a series of articles about a “Pakistani agent” and immigration officials who have been allegedly falsifying entry and exit stamps of foreign workers, without their physical presence.

Nantha cooperated with the state immigration director, and a senior official of the home ministry. Nantha also gave the names of corrupt officials allegedly involved in a medical visa scam to the home ministry Saifuddin Nasution Ismail personally. Nantha was well known within Malaysian government, civil service and media circles as an honest journalist with integrity.

As part of his investigation, Nantha met with two Pakistani agents at a restaurant, which was registered under the name of a former high ranking immigration officer, where one of the agents claimed that someone had asked for RM400,000 to settle the case with the police, MACC, immigration department and Malaysiakini. They made an offer to Nantha to pay him RM 50,000 (20,000 on the spot) to stop writing about the subject.

Nantha upon reporting the attempted bribe to the immigration officer said, there was no financial transaction evidence to make anything stick. This senior immigration officer asked Nantha to meet with the agents once again to gather evidence as an ‘undercover’ agent.

A meeting was arranged at the Concorde Hotel in Shah Alam. Nantha informed the state immigration director, he would meet with the agents and later hand over any evidence to them. At the meeting, one of the “Pakistani” agents handed Nantha an envelope. However, within seconds, a dozen MACC agents descended upon him.

Nantha was then remanded for four days, locked up alone in a cell for 15 hours each day. He slept on a hard floor with no blanket or pillows. Treated sub-humanly as a means of humiliation.

Detention aftermath

The major question is why was only Nantha arrested and no the “Pakistani” agents who remain free? This is after Nantha went out of his way to cooperate with authorities. Why had the MACC collaborated with those upon who corrupt activities were alleged?

Nantha has been released for a number of days, and unlike other cases, Nantha was never taken to a court and formally charged. It appears the MACC has colluded with criminals, attacked the whistleblower, imprisoned him as a means of torture and humiliation, rather than investigate one of the numerous immigration frauds going on. This action also implicates the immigration department and home ministry.

Its yet to be determined as to whether Nantha will actually be charged and given a fair opportunity for a trial. This would provide the correct platform for Nantha to tell the court the names of government officials he had dealt with. Any charges and corresponding trial would provide an opportunity for the public to see how corrupt government law enforcement agencies are, in this case both the immigration department and MACC.

The attack on a hard working journalist, leaving the real perpetrators of corruption still running about and operating today, is a travesty of justice and major breach of human rights that one would only expect to see in a lawless land.

Its time to abolish the MACC

The MACC has long been controversial. Back in 2009, Teoh Beng Hock fell to his death from the MACC building in Shah Alam, where the truth until today has not been allowed to come out. The Teoh case shows that whistleblowers are not even safe within MACC buildings.

There is no provision for an ombudsman to look at cases such as Nantha’s. Should there had been an ombudsman overseeing such arrests, whistleblowers might be better protected.

What is sure, no matter, what is the outcome of the Mantha Kumar case, the integrity of the MACC has been given another blow. It is clear the MACC is not doing the job it is meant to be doing, allowing senior government officials to break the law freely. What is even more dangerous, is that these same people are only too willing to abuse their power to cover up.

Structurally, the MACC is not an independent body. The MACC must have permission from the attorney general, who is also the public prosecutor to prosecute any suspects. This leaves the possibility of political interference wide open in who to investigate and prosecute. This allows the MACC to humiliate people without actually charging them with any crime.

The MACC reports to the executive, so its operations are opaque. The MACC advisory board is full of members who are closely connected with the political elite, and thus harbour potential conflicts of interest.

The MACC should be considered a failed organization, full of political agendas. The MACC appears to be spending a lot of time in pursuing foes of the current administration, settling old scores, where impartiality is in question.

Its time to abolish the MACC, so as to clean out the embedded corruption within it. The MACC could be replaced with a fully independent anti-corruption body with the power to investigate and prosecute alleged offenders free of the interference of the attorney general and executive. An ombudsman is required to protect the interests of those taken into custody, to ensure the MACC is not over-stepping its powers.

Originally published in Eurasia Review 9th March 2025

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