LETTERS: The recent allegations against the head of the Malaysian Anti-Corruption Commission (MACC), and the defamation suit filed by him, have captured the interest of the public.
This is due in no small part to the investigation that was started by a parliamentary select committee (PSC).
I read in utter disbelief the way some interpreted the call by the PSC to have the MACC chief commissioner face it.
Some stress that Tan Sri Azam Baki can be jailed for contempt of Parliament if he defies the notice to appear before the committee.
The question is whether it is a subpoena or an invitation to attend.
If it is an invitation, anyone who receives it is not compelled to attend.
I have also been looking into the role, powers and jurisdiction of the PSC.
For the uninitiated, the powers of the PSC are detailed in the Houses of Parliament (Privileges and Powers) Act 1952 (Act 347).
Under Order 83(2) of the Dewan Rakyat Standing Orders, the PSC shall have power to send persons, documents or papers, and shall have leave to report its opinion and observations, together with the minutes of evidence taken before it to the House.
In short, each PSC has the authority to call individuals to have their statements taken, or to gather opinions and views on matters related to the committee's terms of reference.
Inquiry reports prepared by the PSC would be tabled in the Dewan Rakyat, which could be debated in accordance with Standing Order 86(1).
Based on the terms of reference, it is clear the PSC cannot act on its own. There must be a referral from the Dewan Rakyat or a minister through a motion, petition, report and document.
Here are several questions.
Firstly, did the PSC receive a referral from the Dewan Rakyat/minister?
Secondly, does the PSC have the authority to investigate matters relating to the chief commissioner?
The PSC also needs to clarify its terms of reference.
Can the chief commissioner opt not to attend the PSC proceedings on the grounds it may have exceeded the powers conferred to it by the terms of reference?
Dr Kassim Noor Mohamed
Criminologist
United Kingdom
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times
