‘Symbolic or institutional reform?’: Why Malaysia picks ex-judge as chief of embattled anti-graft agency
analysis Asia
‘Symbolic or institutional reform?’: Why Malaysia picks ex-judge as chief of embattled anti-graft agency
While Abdul Halim Aman’s appointment could be seen as an attempt to restore public trust, experts ask if an outsider can overcome internal resistance and carry out much-needed reforms.
KUALA LUMPUR: Malaysia’s appointment of a retired High Court judge as the new head of its embattled anti-graft agency aims to signal an “institutional reset” and to underscore its independence in probing corruption, say analysts.
They add however that as someone not from within the Malaysian Anti-Corruption Commission, the new chief Abdul Halim Aman, 69, could face “resistance” from its ranks.
Furthermore, deeper reforms to strengthen MACC’s accountability are needed, the experts say.
In announcing his appointment on Apr 25, the government’s chief secretary, Shamsul Azri Abu Bakar, described Abdul Halim as someone with high integrity.
Prime Minister Anwar Ibrahim also said the same day that Abdul Halim’s judicial background and lack of political or business ties are key qualifications for the role.
He will step into the hot seat on May 13.
His appointment was announced just hours before hundreds gathered in downtown Kuala Lumpur to demand investigations into his predecessor Azam Baki, who has faced several allegations during his tenure, including that he improperly held shares in a public-listed company.
This is the first time a former judge has been appointed as the chief of MACC, and the relatively low-profile Abdul Halim had not been among the names previously speculated for the role.
Political scientist Syaza Shukri of the International Islamic University Malaysia (IIUM) suggested that the appointment is a strategic move to install an outsider, signaling a “clean break” for the commission.
“Symbolically also I think it’s trying to show that catching corruption now would be legally robust and above political suspicion. In the short term it helps (MACC) because Azam is seen as this burden. So with him gone, it gives the impression of a fresh start in MACC,” she told CNA.
“But the question now is does he have the trust of the organisation to support him since he is seen as an outsider?” added Syaza.
BRINGING A FRESH PERSPECTIVE
Jais Karim, the president of Malaysia Corruption Watch (MCW) - a local anti-graft watchdog - told CNA that the appointment has the potential to bring a new perspective that is free from existing internal cultural influences, opening doors for bolder reforms.
“It could reduce the risk of internal conflicts of interest and enhance the public perception of the institution’s independence,” he said.
The MACC - a federal agency set up in 2009 to probe and prosecute graft in the public and private sectors - has the power to summon individuals, search and seize property and arrest suspects.
Watchdogs such as The Coalition for Clean and Fair Elections (Bersih) have accused the MACC of appearing to have digressed from its mandate to being used for “political intimidation”.
Under Azam’s tenure, the MACC launched investigations into three of Anwar’s predecessors - Ismail Sabri Yaakob, Muhyiddin Yassin, and Mahathir Mohamad.
It has also probed the late former finance minister Daim Zainuddin and his family, alongside carrying out a string of investigations involving other prominent figures from the opposition. Muhyiddin and several other politicians are facing graft charges in court.
Raymon Ram, the president of Transparency International Malaysia, told CNA that an outsider has greater distance from internal loyalties or factional dynamics, and a stronger ability to review unresolved legacy issues without being perceived as protecting past decisions.
“The choice of a retired High Court judge at a time of heightened scrutiny over MACC’s credibility and independence suggests an intention to signal legal rigour, impartiality, and a degree of institutional reset,” he said.
He said that the appointment of a senior jurist may also indicate a renewed emphasis on due process, evidentiary discipline, internal governance, and institutional professionalism.
Halim joined the Judicial and Legal Service in 1982, serving for 22 years. He was appointed a judicial commissioner in 2005 and elevated to a High Court judge in 2007. He retired in March 2023.
Appointing an outsider to helm MACC is not without precedent as lawyer Latheefa Koya was appointed to the position back in 2019 by the then-Prime Minister Mahathir who led the Pakatan Harapan government.
Latheefa stepped down from the post after the fall of the Mahathir government in March 2020.
She had told international news agency Bloomberg in a report published on Feb 12 that Azam loved being in the MACC, saying that was all he knew.
“But the person you give responsibility or power (to) cannot hold on or love the position too much. That’s the beginning of a problem,” she was quoted as saying.
When contacted by CNA, Latheefa declined to comment on the appointment of Abdul Halim.
Edmund Terence Gomez, a former member of the MACC’s Consultation and Corruption Prevention Panel, said that while Abdul Halim’s appointment seemed to have been done hastily, the former judge did not seem to have ties with either the state or the corporate sector.
He also believed that Abdul Halim’s deep understanding of the law would help him oversee investigations conducted by the commission’s officers.
Gomez, who has written extensively about the politico-corporate scene in Malaysia, said that by applying a “judge’s lens” to investigations, Abdul Halim could ensure that only legally robust cases - backed by sufficient evidence - reach the Attorney General.
Gomez added that as the MACC has long been tainted with allegations of impropriety in the way its investigations are handled, it is good for someone from the outside to look at the existing structures.
Gomez resigned from the MACC panel in late 2021 to protest the body’s inaction regarding allegations against Azam,