Corruption operates within an Opportunity – Need-Greed- triangle.

Opportunity is where one’s political, official, bureaucratic position, the power, influence and connections enable one to secure an unfair advantage, in terms of making money or procuring money-making opportunities or other favours, over others.

Opportunities are always abound. As human nature is frail and the tendency to unfairly gain over others is human and almost universal, we need institutions like the Anti-Corruption Agency (ACA) to keep corruption in check.

[For this reason, the ACA should be bold and relentless in its work. Above all, it is clear-cut that the ACA itself should be above board. The government’s decision not to renew Zulkipli’s contract as ACA’s director-general is imperative. Renewal is not an option. It remains who succeeds him. I agree with YB LKS’s suggestion that “The Parliamentary Select Committee on Integrity (“PSCI”) should be consulted on the appointment of the ACA director-general who should not come from police ranks after the disastrous example of Zulkipli”. Even if PSCI were not consulted there is nothing wrong with PSCI proffering its suggestions on such appointments].

The other suggestion that legislation should be passed so that the ACA may be removed from the jurisdiction of the Prime Minister’s office – “to make it fully independent and answerable only to Parliament” – is, however, less clear-cut. [Indirectly, it implies that the Prime Minister may not have the political will to fight corruption. To imply such is, however, not without justification judging by the way Malaysia drop from No. 37th ranking in 2003 (since “Abdullah became Prime Minister”) to 44th ranking in the Transparency International (TI) Corruption Perception Index (CPI) 2006].

Corruption cannot however be stemmed by rhetoric, no matter how inspirational or pious, which then becomes empty sloganeering. The foundation for all anti-corruption efforts and campaign is political will : with it, progress will be made, no matter how slow – without, the situation is hopeless!

Take the case of Corrupt Practices Investigation Bureau of Singapore (CPIB) – the equivalent of our ACA. The CPIB will investigate even the circumstances of a lavish food bill or an expensive hamper when a public official is entertained. That is political will. And the CPIB reports directly to the Prime Minister of Singapore. It is argued that this is so to enable the Prime Minister to block any undue interference from any quarter to compromise CPIB’s independent investigations of even powerful cabinet ministers suspected of corrupt acts. Where there is political will as evinced by then premier Lee Kuan Yew, even oversight of parliament is not necessary.

Political will – and the public perception of it – of the top leader is of paramount importance because it is a prerequisite needed to establish the much needed moral authority to stamp out corruption amongst the powerful politicians who are in turn the political bosses of civil/public servants including the police.

As the old but wise adage goes, that those who live in glass-houses cannot throw stones, so top political leaders should know that if they want to stamp out corruption amongst civil servants to improve public delivery, they should do first by example in their personal conduct and lives. [We now even have a ridiculous situation of a previous premier (Tun Dr Mahathir) accusing the family members of his own anointed successor of having an expensive house in Perth valued AUD25 million whilst forgetting at the same time his own family members also have an expensive house in Vancouver, Canada said to worth USD20 million].

But alas this is where the rub is – it will have to involve a change of mindset rooted deep in culture and that is something that cannot change overnight but through generations learned from trials and tribulations, hardships and failures!

To resist the blandishments of corruption, the mindset has to be one that believes in honesty, honest deeds and the virtue of reward only when it comes from a hard days work without undue unfair advantage over other people. Indeed, it is an attitude of mind even higher than mere honesty. It is a standard of honour, founded on self-respect, sense of duty, tradition and discipline. It is learning how to feel good of a job well done and just not being rewarded no matter that the work is not well done just because one is born with the right skin colour, religion, creed, socio-economic status that provides the unfair advantage. It is that basic belief that all men are born equal deserving equal opportunities and adherence to that ethical principle that no one should do unto others what you won’t want others to do unto you’ – and that the only justification one does better and have more financial rewards is diligence and merit, and until that happens one is prepared to leave within one’s means in austerity without the big mansions, luxury cars or yachts, mistresses, overseas holidays and holiday homes!

Sadly, we don’t have that cultural mindset here. Due to historical accidents of colonialism and migration, what we have here is the entrenched dichotomy of bumiputra and non bumiputra, of the NEP and the rejection of Meritocracy, the very system and policies that conduce and facilitate rather than stem the natural human tendency to secure unfair advantage over others, slipping imperceptibly over the line to corrupt practices, in the case of politicians and public officials and corporate captains, in the private sector.

Efforts at human capital development, as a continuous agenda, to meet the challenges of Globalisation as touted by the Prime Minister will necessarily remain an empty rhetoric and meaningless slogan if the root cultural cause of corruption – the political culture of the country – is denied and not changed.

The other question is : with the non renewal of Zulkipli’s contract as Anti-Corruption Agency (ACA) director-general, does that imply quid pro quo all investigations on allegations of corruption will be stopped or that the Parliamentary Select Committee on Integrity will not pursue the hearing of Zulkipli and Mohamad Ramli Manan?

The new Director General should be drawn from a pool of eligible candidates noted for their integrity, competency, legal expertise and good personal reputation approved by the Parliamentary Select Committee for Integrity, one of whom would eventually be selected on the basis of an unanimous decision of the Prime Minister, the Chief Justice, IGP and the Leader of Opposition.

Thereafter he is given security of tenure like a judge and cannot be removed except in defined cases of commission of a crime.

The Director General may then be given a free rein to appoint his immediate deputies and other key assistants whose service of contracts shall, like the case of Hong Kong Independent Commission Against Corruption be independent of civil service rules and made on the basis of mutual consent. The officers join the ACA through a special examination and cannot enter into politics, join the Civil Service or the government after they leave the ACA. Whilst Director General may be made to answer ultimately to Parliament, he should report his findings and progress of investigations to an oversight body comprising past distinguished judges, IGPs and distinguished and reputable members of society drawn from public service the professions and private sector.

This kind of structure will have the necessary checks and balances to combat corruption. This structure is inspired by the one adopted by this country known as Utopia.