NOV 15 — Malaysiakini reported on Saturday (Nov 9) that it had seen eight videos showing different assemblymen allegedly discussing bribes in exchange for support for a state project.
The news portal cited an unnamed source revealing that while the alleged whistleblower was willing to provide more details, he wanted protection under the Whistleblower Protection Act 2010 (WPA) first.
On Thursday (Nov 14) Malaysiakini continued to report that the whistleblower had released a new video, where a state assemblyperson complained about a lucrative project being blocked.
A whistleblower, by its ordinary dictionary meaning, is a person who tells someone in authority about something illegal that is happening, especially in a business or government.
Under Section 2 of WPA, a whistleblower is a "person who makes a disclosure of improper conduct to the enforcement agency under Section 6”.
Section 6(1) states that a person "may make a disclosure of improper conduct to any enforcement agency based on his reasonable belief that any person has engaged, is engaging or is preparing to engage in improper conduct, provided that such disclosure is not specifically prohibited by any written law”.
By Section 2, an enforcement agency includes "any ministry, department, agency or other body set up by the Federal Government, State Government or local government including a unit, section, division, department or agency of such ministry, department, agency or body, conferred with investigation and enforcement functions by any written law or having investigation and enforcement powers”.
By Section 2 also, improper conduct means "any conduct which if proved, constitutes a disciplinary offence or a criminal offence”.
The so-called whistleblower has not made a disclosure of improper conduct to an enforcement agency.
So, stop calling him a whistleblower. He ain’t one under the law.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
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