MACC chief seeks review of outdated election laws, including food ban, says deferred prosecution agreement will boost anti-graft efforts

KOTA KINABALU, Oct 14 — A provision in the Election Offences Act 1954 prohibiting the distribution of food and drinks during the campaign period is among the outdated laws that Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki believes should be abolished.

Echoing Law and Institutional Reform Minister Datuk Seri Azalina Othman, who recently highlighted the existence of around 3,000 outdated laws, Azam said some pre-independence laws need to be reviewed to reflect current realities.

“For example, under the current election laws, you are not allowed to have jamuan (feasts). But I feel that is no longer practical and relevant today. This is normal now and all parties do this during the campaigning period,” he said.

“But it is up to the Election Commission to say if they feel it needs to be amended,” he said when speaking to reporters here today after attending a convention on integrity.

Azam cited other obsolete laws, including provisions under the Trustee Act 1952, which he said also need to be revisited.

“But we know this cannot be done immediately. It will take up to two years — it’s impossible to get done in a few months,” he said.

In August, Azalina said she would present a list of over 3,000 outdated laws to the Cabinet for review but had not decided whether a special Cabinet committee was needed for the task.

Meanwhile, Azam reiterated that the MACC has engaged five consultants to evaluate the potential implementation of a Deferred Prosecution Agreement (DPA) to enhance anti-corruption efforts and improve Malaysia’s corruption perception index.

“We are in discussions with various parties, exploring this concept from multiple angles to assess how it could work in Malaysia,” he said.

“That’s why we set up a task force and appointed five consultants to guide us through the process.”

Azam has been proposing the DPA since last year, arguing that it would allow prosecutors to achieve outcomes more efficiently without lengthy and costly trials, and that it would help fight economic and financial crime.

It would also ensure faster recovery of assets and funds, and better compliance by the persons or entities to prevent future violations.