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Saturday, July 03, 2004

Corruption, Malaysian style.

To me corruption is a dirty word. Being corrupt is dirtier still. I have therefore composed an article which I published sometime back on my feeling towards corruption. But like it or not very many of us, especially in Malaysia, have condoned corruption as if it has moral stand. The reason being that it is very difficult to prove corruption or that the power that be may be corrupt; in which case no way one can prosecute such power that be. But the fight against corruption must go on before such practices become the norm, a habit and a culture.

Corruption Part 1.

There is something to learn from knowing what "corruption" is all about.

Years ago when I was a Contractor, I had to get some payment which I was told by my client that it was delayed at the Malaysian Treasury. After 6 months of not getting anything from the Department that I gave my services to I went to the Treasury to enquire. To my surprise the Treasury was very helpful. An Officer helped me to go to all the relevant Departments to get my cheque prepared. And within one week I got my payment. Where did I go wrong? Was the user Department not helping or were they waiting for some offer from me? Until today I have not found out and I do not want to find out in case it involves corruption.

Again as a Contractor then and I got some orders from certain Department where I knew everybody inside it, I got my payments very prompt. In fact when I was late to collect my payments, the Officer used to call me to collect my payment. Is this cronyism? Or was it just a good relationship?. I take it as good relationship. So if you are a Contractor, you have better have a good relationship with your client to get jobs and early payments. But I knew of one Department where if you want to get early payments you have to pay a small percentage as a processing fee. But I suppose you are paying for a genuine case. Its not really corruption as you need your money early. Again as a Contractor then, I had to suffer, while the staff holding on to the payments as I refused to give them a percentage of my sum (this is not the case of a processing fee). This was in one of the Town/City Councils. In the end I gave up, I gave in to their demand. Was I wrong?

Corruption knows no boundary. You can be seen to be most 'alim' (religious) but you can still succumb to corruption. My daughter works for a trading Company. She always complained to me that her Company has to pay a large sum to certain people in the client Company they do business with. She says, "Even those who seems very mild and wear 'tudung' (Muslim women head scarf covering their hair) or a 'kopiah' (skull hat) wants a cut". And she cannot understand it. And according to her, the giving away of hand phones is very common, as these are common items which seemingly everybody can afford. Is receiving hand phones considered as corrupt? Or is paying for an Official's daughter's wedding corrupt? It has happened.

I have a friend in a large conglomerate who gives their top Executives credit cards for traveling, lodgings and entertainment purposes. I asked him how do you know which is official and which not official. He says, "I don't, but I keep accounts". I asked him further on how the Company knows which is official and which is not official. He says, "The Company trust those Officers holding the approval authority". Now isn't that something. The word "trust". That is power. And there is a saying 'Power tends to corrupt. Absolute power corrupts absolutely". My friend is still in the Company and so far there is no problem with the credit card expenditure. Aren't they lucky?

There are people in this world who are absolutely (did I say absolutely?) honest. I may not be one of them. But again if look through them you can see the "pimples". Or am I being too critical?

Nepotism, cronyism (this is an old word used differently in the modern context) and corruptions are like brothers (or are they half brothers?) Kata orang Melayu "adik beradik anjing?" {The Malay says "Like dogs brothers" i.e. same mother but so many different fathers} What about 'old school tie'? Aren't they not a half brother as well? In the UK, if you are from Harrow or Eaton you know where you will end up in the Civil Service, but if you are from a Comprehensive School somewhere you have better go for apprenticeship Or you will end up as a "Scientist" in one of the Research Institutions.

I remember sometime back our YAB PM (Prime Minister then, now retired) said, "There is no free meals". He talked sense, did he not? So what do yo do when you are offered a meal or you offer someone meals? And there is always the funny side to any situation. Years ago when I was working in a trading Co., a large claim for meals came, approved and paid. In the meal claim, it was stated for the 'purchase of papayas'. It came to the notice of the Co. Chairman. The claimant was called in explain why 'papayas' was so expensive. He explained, "My Japanese client wanted them". The Co. Chairman was an understanding man, so he said, "Next time make the item more realistic". The case was closed.

But what about favours? What about using the office phones for your private use? Or using the office stationery? Or the office car not for official use? False mileage claims, false lodging claims, false traveling claims and other falses? If anyone of us in those categories of ' misuse', may God forgive us.

Its a story without ending.


Corruption Part 2

I met corruption when I first joined the service a few years after graduation. A Contractor gave me RM 150.00. A Hari Raya (the celebration at the very end of the fasting month of Ramadan) gift he said. It was actually near Hari Raya Puasa. I panicked as he left the money exposed on my desk and when he walked out. I straightway told my boss, and he said "Just take it". Now are all bosses like that? Anyway I reported the matter to ACA (Anti Corruption Agency). They came to the office and took away all sorts of files. The Contractor was charged and I became the main witness. Imagine having to face the guy in Court. I was very scared but in the end the Contractor was convicted.

Then as I progressed in my career I became more careful. At one of the places where I worked, the men took bribes (I did not know it then). I was told by some Contractor that they had to pay some money to my men as they normally said "Some money had to be paid to the boss". And I was the boss. Now are we sure that in our career our men do not receive bribes? Are we sure that they do not say the same thing about the boss?

I was then having a bit of power where I could recommend increase or decrease in monetary contributions by Contractors/Developers/Owners on their projects. It was a very simple system where I had the authority of increasing or decreasing certain technical factors and the monetary contribution goes up or down accordingly. As far as HQ was concerned they trusted me and my judgment. They rarely questioned me. And Contractors/Owners were lining at my office door to negotiate on lowering of the monetary contribution. I could have made a bundle then and probably could own a few houses on the side but I did not take advantage of the situation. Regret? Looking at the situation and what is happening in the country now maybe I have a small regret. Anyway its all over now.

Something funny that I remember well was the question of whether we could accept hampers from Contractors during festivals. This always happened near Hari Raya. And those hampers were big and full of sweetie and drinks. Very tempting. I remember at one Hari Raya time, the delivery lorry came to my house. A good friend who happened to be my neighbour and in the same services but of different function in the Co. then watched the lorry coming to my house and I watched that went to his house. Delivery of hampers were in progress. I cannot remember whether we took the hamper or not but now when we recollect the incident we always have a good laugh. But what happened to him after that was no laughing matter though. They handed money to one of his sons and he had to act very quickly to avoid disaster to his career. Can I find such a honest man nowadays?

Anyway as years go by, I was progressing in my career. On one occasion I awarded a contract to a Contractor to erect fences for the office and the Co. housing compounds. One day my wife received a package with a fruit cake inside. My wife was pleased. When she opened the box to take out the cake she saw rolls of RM notes underneath. She phoned me. I told her to return the cake and the money to the Contractor. I called the Contractor to my office asking him to explain. And he said "I do that every time I got a Contract". Now, is that the practice? Or am I out of touch with reality?.

I have heard all sorts of stories when I progressed further in my career. But I have always been very careful. When in Sarawak, I was told that there are many 'buayas' (crocodiles) over there. The bigger the 'buaya' the bigger is their 'ngap' (snap). Some even 'ngap' buffaloes, I am told. True? Well there must be 'angin' (wind) or else how can the 'pokok goyang' (tree moves).

The danger with accusing people of their being corrupt is that it is very difficult to prove. In my first case, it was a clear cut proof. In all other cases, the hassle of trying to prove corruption will make you 'tawar hati' (discouraged). If you are not careful, the table will be turned against you ;you may be brought to court by the 'other side', who will accuse you of wrong doings. And if he/she wins, then you will get very 'malu' (ashamed).

Food for thought.

Corruption Part 3.

What is corruption? My Little Oxford Dictionary (new Edition) 1995 describes it as a noun for 'corrupt', 'corrupt' being defined as 'influenced by or using bribery; immoral, wicked'.

What say if Policeman hinted at you when you cross a speed limit or even a double white line? Just a few month ago, when at Kampong Awah, Temerloh, my wife overtook a lorry and crossed a short double white line. There suddenly in front of us appeared a Traffic Policeman who signaled us to stop. On stopping he said to my wife, who was the driver " Cik Puan tadi telah melangkah garisan double white line. Cik Puan bolih di beri saman. Tapi mudah kalau Cik Puan selesaikan disini sahaja". (Madam you have crossed over a double white line. You can be served a summon. But if you settle it here it will be easier for you). Is that a hint of asking for bribery? I wouldn't know, but I told my wife, "Take the ticket and let us go" We took the ticket and went. It would have been cheaper if we were just to 'settle' on the spot. Of course the Traffic Policemen will not give you a receipt. It would have been his meal ticket.

On another occasion, a Co. in which I was a Partner was given a Govt. Contract. This was a negotiated Contract. In the process of the negotiation my Partner said to me, "Leave everything to me and we will secure the Contract". I did just that. But after we signed the Contract my partner said, "Every time we get our payment, I want you to make a cheque for 10% of our collection to Company A". I have a rough idea of what had been happening, but having secured the Contract I did want to ruffle any feathers. I did what my Partner said. Did my Partner double crossed me? No, he did not. He was paying somebody who had the decision making in awarding us the Contract? I have now left the Co., having completed the Contract.

I relate the two examples above just to indicate how difficult to prove bribery. And who gets the money, if there is really bribery? I wouldn't know but I was told of a case where it was almost water tight; they even got the recipients bank account. But tracing the bank account, it lead to a name of a GRO (a call girl, the nearest I can translate) in Labuan. And the supposed to be culprit just laughed his way to the Bank.

What cause corruption. I can only speculate. Greed? Living above ones means? Grudges for not getting what one expect in ones career? The giver giving because of so much obstacle in his/her way to achieve his/her objectives? If one were to follow the court cases on corruptions, there seems to be a combination of most of these. In many cases, the accused went scot free as there is no concrete proof can be produced. Most of us can speculate but can one really prove anything, or can we?

How do we know as who is corrupt/taking bribes? One can hardly tell. But bear in mind that the 'givers' talk. As the Malays proverb goes, "Mulut tempayan bolih di tutup tetapi mulut manusia, tiada siapa yang bolih menutupnya.". (You can shut the mouth of a jar but not a human mouth). OK, maybe the givers give false information, but again the Malays say, "Kalau tak ada angin, macam mana pokok bolih bergoyang". (If there is no wind, how can the leaves on the trees move). Bad faith maybe but the likelihood cannot be ruled out.

In Malaysia, there if one were to look at those charged in court for corruption, one particular race stands out for small bribes and another race for big cheat. Both I interpret as corrupt practices, but only in terms of differential absolute sums. It does not matter whether you are highly educated or not but they still get charged for offences which when one thinks about it are too trivial, and need not had happened at all. Can I blame that to human nature? To the living environment? To work places? Maybe. Recently a neighbour in the housing estate where I live, in KL, was charged for corruption for favouring his brother in awarding some Contracts in the Government organisation he worked in. He just retired. And of course if he is found guilty of corruption he will be fined or jail and he will loose his pension benefit. But I know that he lives beyond his means, at least what sems to me, so maybe the charge was appropriate. But then he is such a small fish in the pond, the bigger fish seems to get away scotfree.

How do we prevent corrupt practices? Many of my friends are retirees, highly educated individuals, highly religious some times, fathers/mothers, husbands/wives, grandfathers maybe. We must have our own thoughts if you care to read what I have written, provocative maybe. I have put the article in 3 parts. I have no answer for the prevention of corruption, its too old to have any answer. Its like being a prostitute, its such an old profession that one can hardly find solutions to prevent anyone from prostituting himself/herself. Some of us have been there and most would let the situation RIP.

My write-up ends here. At least I have said my piece, some if not all about corruption. Just think about it, like the air, its all around you but you do not see it.


To shout back, e-mail: mylias@tm.net.my


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