Sabah government pledges cooperation with MACC over alleged bribery claims by whistleblower

KUALA LUMPUR: Amid allegations of a bribery scandal involving several local elected assemblymen, Sabah Chief Minister Hajiji Noor said he has “nothing to hide”, while calling on the authorities to investigate the matter. 

Political analysts whom CNA spoke to on Wednesday (Nov 13) said that if not dealt with properly, the saga could have implications for Prime Minister Anwar Ibrahim’s administration - which looks to Sabah as a political ally - and the premier’s commitment to anti-corruption. 

The issue first came to the fore over the weekend after online news portal Malaysiakini reported on a whistleblower’s allegations of a group of Sabah state assemblymen allegedly negotiating hundreds of thousands of ringgit in bribes in exchange for support for a state project.

Malaysiakini reported on Saturday that it had “sighted” the videos - each featuring a different assemblyman. One of the alleged assemblymen - whose face was not visible in the videos - could be heard discussing terms for the repayment of the purported bribes since the licence for the state project was rescinded. 

A video - not part of the initial eight - and a voice recording were then sent to Malaysiakini purportedly implicating a “top leader” of the state. 

Malaysiakini reported on Tuesday that the latest video featured former Sabah Mineral Management (SMM) chief executive officer Jontih Enggihon accusing Mr Hajiji of abusing his powers. 

SMM is a government-linked company, chaired by Mr Hajiji. 

According to Malaysiakini, it was also shown documents related to the rescinded project and online banking details linked to the alleged bribes. The whistleblower however has urged Malaysiakini not to expose the assemblymen who were in the initial eight videos yet.

Mr Hajiji told local media on Tuesday that he was aware of the allegations. 

“We urge the authorities to investigate, we will cooperate but do investigate to the bribe giver, he has a malicious intention to get something from the government and once he could not get it, (the audio recording) comes out so for me, to be fair, arrest him first,” Mr Hajiji told reporters. 

“The Sabah government is in a good state and is running well. The (audio clip) is just an accusation. We have nothing to hide,” he was quoted as saying by Free Malaysia Today.

Local media reported that senior officers from the Malaysian Anti-Corruption Commission (MACC) had met a lawyer - who was representing the alleged whistleblower - over the case on Nov 8. 

The lawyer had purportedly played a 17-second audio recording whereby several people, including one believed to be a politician, were heard having a conversation about money.

According to Malaysiakini, it involved an assemblyman discussing returning some “RM500,000” - or about US$112,000 - he had received in exchange for supporting a state project.

MACC Chief Commissioner Azam Baki said that the lawyer told MACC that his client is ready to provide investigators with the necessary evidence but wanted an agreement that the client would not come under investigation, which the MACC rejected. 

“The Whistleblower Protection Act 2010 stipulates that the individual possessing information must first disclose the improper conduct, as defined by the law before the protection process can be initiated,” Mr Azam added, as quoted by Malaysiakini. 

“MACC cannot provide any written guarantee of immunity, meaning that the individual will not be investigated or charged, without detailed information about the improper conduct. Therefore, it is premature for MACC to offer protection under the law to the individual (before a report is lodged).” 

The whistleblower then sent a letter to Mr Anwar, asking for a guarantee of his protection before filing a report to the MACC. 

In the letter, which was also sent to Malaysiakini, he claimed that besides the assemblymen he mentioned previously, the state’s top leader is also involved in the case and the total amount of the alleged bribe could amount to RM4 million.  

However, Mr Anwar told reporters on Nov 12 that whistleblowers cannot expect protection if they are involved in cases of corruption, particularly so in the case involving the eight assemblymen.

"The unity government's policy is clear that we only provide protection to those who are not involved in corruption," he told Malaysian media at the end of his four-day long official visit to Egypt. 

“So, if there is vague information, including whether the whistleblower is also involved in corruption, it needs to be carefully examined and investigated, rather than immediately granting protection to them.” 

POTENTIALLY A TEST FOR ANWAR’S ANTI-CORRUPTION CRACKDOWN 

Analysts whom CNA spoke to said that the case puts a spotlight on Mr Anwar’s anti-corruption drive in the country. 

Dr Bridget Welsh - the Honorary Research Associate with the University of Nottingham Asia Research Institute of Malaysia - said that the Sabah whistleblowing saga serves as a test as to whether those accused of involvement in corruption will be investigated. 

“Bribery allegations reflect on all concerned, but most importantly those in public office should be accountable. The matter should be investigated fairly and thoroughly and all individuals face the rule of law based on an independent investigation. 

“Comments that undercut whistleblowing can be perceived to undercut anti-corruption efforts and create a chill in reporting of crimes,” said Dr Welsh. 

Meanwhile, Dr Oh Ei Sun - Senior Fellow at the Singapore Institute of International Affairs - posited that Mr Anwar appears to distance himself from this latest series of corruption allegations, and instead, “push them to MACC to investigate”. 

“By doing so, he avoids angering his Sabah allies,” he said. 

However, if it is not handled properly, it may perpetuate an idea that Mr Anwar is not entirely committed to eradicating corruption and “is only interested in corruption among the opposition”, said Professor of Asian Studies at the University of Tasmania James Chin.

“For the general public, the most important corruption cases are the ones linked to (Dr) Mahathir’s children, and Najib and (his wife) Rosmah, so people are actually watching that a lot more closely than what is happening in Sabah …,”  Prof Chin told CNA, referring to former prime minister Mahathir Mohamed and Najib Razak. 

The allegations against Mr Hajiji as well as some of the state assemblymen were made as Sabah’s political parties prepare for state polls due next year, in a contest that could decide the fate of the ruling Gabungan Rakyat Sabah (GRS) coalition. 

GRS is a coalition led by Mr Hajiji. 

Sabah is a key support base that helped Mr Anwar secure a parliamentary super majority in the 2022 General Elections.