Will Malaysia’s unprecedented move to appoint retired judge as new anti-graft chief pay off?

KUALA LUMPUR: Malaysia’s appointment of a retired High Court judge as the new head of its embattled anti-graft agency aims to signal an “institutional reset” and to underscore its independence in probing corruption, say analysts.

They add however that as someone not from within the Malaysian Anti-Corruption Commission, the new chief Abdul Halim Aman, 69, could face “resistance” from its ranks.

Furthermore, deeper reforms to strengthen MACC’s accountability are needed, the experts say.

In announcing his appointment on Apr 25, the government’s chief secretary, Shamsul Azri Abu Bakar, described Abdul Halim as someone with high integrity.

Prime Minister Anwar Ibrahim also said the same day that Abdul Halim’s judicial background and lack of political or business ties were key qualifications for the role.

He will step into the hot seat on May 13. 

His appointment was announced just hours before hundreds gathered in downtown Kuala Lumpur to demand investigations into his predecessor Azam Baki, who has faced several allegations during his tenure, including that he improperly held shares in a public-listed company.

This is the first time a former judge has been appointed as the chief of MACC, and the relatively low-profile Abdul Halim had not been among the names previously speculated for the role. 

Political scientist Syaza Shukri of the International Islamic University Malaysia (IIUM) suggested that the appointment is a strategic move to install an outsider, signalling a “clean break” for the commission.

“Symbolically also I think it’s trying to show that catching corruption now would be legally robust and above political suspicion. In the short term it helps (MACC) because Azam is seen as this burden. So with him gone, it gives the impression of a fresh start in MACC,” she told CNA.

“But the question now is does he have the trust of the organisation to support him since he is seen as an outsider?” added Syaza.  

BRINGING A FRESH PERSPECTIVE

Jais Karim, the president of Malaysia Corruption Watch (MCW) - a local anti-graft watchdog - told CNA that the appointment has the potential to bring a new perspective that is free from existing internal cultural influences, opening doors for bolder reforms. 

“It could reduce the risk of internal conflicts of interest and enhance the public perception of the institution’s independence,” he said.

The MACC - a federal agency set up in 2009 to probe and prosecute graft in the public and private sectors - has the power to summon individuals, search and seize property and arrest suspects.

Watchdogs such as The Coalition for Clean and Fair Elections (Bersih) have accused the MACC of appearing to have digressed from its mandate to being used for "political intimidation". 

Under Azam’s tenure, the MACC launched investigations into three of Anwar's predecessors - Ismail Sabri Yaakob, Muhyiddin Yassin, and Mahathir Mohamad. 

It has also probed the late former finance minister Daim Zainuddin and his family, alongside carrying out a string of investigations involving other prominent figures from the opposition. Muhyiddin and several other politicians are facing graft charges in court. 

Raymon Ram, the president of Transparency International Malaysia, told CNA that an outsider has greater distance from internal loyalties or factional dynamics, and a stronger ability to review unresolved legacy issues without being perceived as protecting past decisions.

“The choice of a retired High Court judge at a time of heightened scrutiny over MACC’s credibility and independence suggests an intention to signal legal rigour, impartiality, and a degree of institutional reset,” he said. 

He said that the appointment of a senior jurist may also indicate a renewed emphasis on due process, evidentiary discipline, internal governance, and institutional professionalism. 

Halim joined the Judicial and Legal Service in 1982, serving for 22 years. He was appointed a judicial commissioner in 2005 and elevated to a High Court judge in 2007. He retired in March 2023. 

Appointing an outsider to helm MACC is not without precedent as lawyer Latheefa Koya was appointed to the position back in 2019 by the then-Prime Minister Mahathir who led the Pakatan Harapan government. 

Latheefa stepped down from the post after the fall of the Mahathir government in March 2020. 

She had told international news agency Bloomberg in a report published on Feb 12 that Azam loved being in the MACC, saying that was all he knew.   

“But the person you give responsibility or power (to) cannot hold on or love the position too much. That’s the beginning of a problem,” she was quoted as saying.

When contacted by CNA, Latheefa declined to comment on the appointment of Abdul Halim.

Edmund Terence Gomez, a former member of the MACC’s Consultation and Corruption Prevention Panel, said that while Abdul Halim’s appointment seemed to have been done hastily, the former judge did not seem to have ties with either the state or the corporate sector. 

He also believed that Abdul Halim’s deep understanding of the law would help him oversee investigations conducted by the commission’s officers.  

Gomez, who has written extensively about the politico-corporate scene in Malaysia, said that by applying a “judge’s lens” to investigations, Abdul Halim could ensure that only legally robust cases - backed by sufficient evidence - reach the Attorney General.  

Gomez added that as the MACC has long been tainted with allegations of impropriety in the way its investigations are handled, it is good for someone from the outside to look at the existing structures.     

Gomez resigned from the MACC panel in late 2021 to protest the body’s inaction regarding allegations against Azam, who was then embroiled in a controversy involving the ownership of millions of ringgit in corporate stock. 

Local media subsequently reported that the Securities Commission and an MACC advisory panel cleared Azam of wrongdoing.   

“The real test would be when he takes over the appointment and how he performs. Only then can we gauge the independence of the new MACC chief. For now, let's run with the positives and give him the benefit of the doubt,” said Gomez.     

After passing the mandatory retirement age of 60 for public officials, Azam’s one-year contract as MACC chief was extended three times by Anwar, a move that drew criticism, including from government lawmakers. 

Anwar has defended his decisions, saying that Azam has shown “extraordinary courage” in going after powerful figures allegedly involved in corruption and abuse of power.   

However, that defence was tested again in February when a Bloomberg report alleged that Azam was listed as holding 17.7 million shares in financial services company Velocity Capital Bhd, citing the company’s annual filing with the Companies Commission of Malaysia dated Feb 3 last year. 

The stake would be worth almost RM800,000 (US$202,455) based on the shares’ Feb 9 closing price, well above the RM100,000 limit allowed for public servants. 

After the report was published, Azam said he had acquired the shares in early 2025 and sold them that same year. He maintained he had acted within the rules.

The government ordered a probe into the allegations but has yet to make public its findings. 

Azam has since filed a lawsuit against Bloomberg over the article on his shareholding, seeking RM100 million in damages.  

In another article in February, Bloomberg also reported that MACC allegedly colluded with a group of businessmen - dubbed the “corporate mafia” - in corporate tussles, citing internal documents and interviews with witnesses.

The MACC has denied these allegations. 

INTERNAL RESISTANCE

However, observers said that Abdul Halim’s status as an outsider could present its own set of challenges. 

Raymon said that someone from outside the MACC would require time to fully understand the commission’s operational culture, internal systems, and case-management realities, and may initially rely on the same structures currently under public scrutiny. 

“If the appointment is not followed by deeper reforms - particularly on security of tenure, whistleblower protection, independent oversight, and the appointment-and-dismissal framework - then an outsider risks being seen as a symbolic reset rather than a substantive one,” he said. 

Jais of MCW said that there could be a potential lack of deep understanding regarding the MACC's internal operations, which could then impact the leadership's initial efficiency. 

“Additionally, an outside appointment may face internal resistance and a heavy reliance on existing officers; if not managed well, this could undermine the effectiveness of the new leadership,” he said. 

Gomez on the other hand questioned if Abdul Halim could stand the rigours of the task that a new chief commissioner would have to face.    

He said that Abdul Halim would have to look into the allegations of selective prosecutions and a corporate mafia, among other things.  

“Personally, I am concerned about his age. I am of the view that the reforms required of the MACC are going to be extremely demanding on the new MACC chief,” he said.  

WHAT NEXT FOR MACC?

Observers noted that while Abdul Halim’s appointment may provide immediate relief from the pressure mounting against the MACC, the agency's long-term credibility hinges on its subsequent actions. 

They said that for the commission to truly reclaim public trust, the shift must go beyond Azam’s departure.

In a statement on Apr 28, Malaysian Bar President Anand Raj said that a change in MACC’s leadership is “not a panacea” and that reforms remain essential to fortify its independence and insulate it from executive influence.

Raymon said that the issue was not whether Abdul Halim is an outsider or insider, but whether the current transition is used to strengthen MACC’s independence, accountability, and transparency.

“This should be treated as a reform moment, not a public relations exercise,” said Raymon.

He said that while the MACC Act envisages an independent and accountable anti-corruption body, the current framework “still places significant influence over appointments, tenure, and oversight within the executive sphere”. 

“As a result, structural concerns will persist regardless of who occupies the position unless reforms are undertaken,” he added.

“In short, Azam’s departure creates an opportunity. Whether it strengthens or weakens credibility will depend on whether this moment is used to deliver transparent follow-through and demonstrable, non-selective enforcement under the new leadership.” 

Jais of MCW agreed and said that the primary issue does not lie with any single individual, but with the strength and courage of the commission itself to evolve. 

“A change in leadership is only meaningful if accompanied by the courage to act without fear or favour. Without genuine systemic change, any change in leadership risks being seen as a repetition of old cycles with different faces,” he said.