RWC Webreport: UMCT Consti Colloquium 2025 — Transparency and Freedom: Pillars of a Resilient Constitution

In this session, moderated by Dato’ Seri Mohd Hishamudin Yunus, Consultant at RDS Partnership, the panelists were:

1. YB Datuk Dr Mohd Radzi bin Md Jidin (‘Dr Radzi’), Member of Parliament for Putrajaya; and
2. Latheefa Beebi Koya (‘Latheefa’), Partner of Messrs Daim & Gamany.

Dato’ Seri Mohd Hishamudin Yunus emphasised that a country could have all the wealth in the world, but without moral integrity, especially in leadership, the people will suffer. Governance must begin with conscience, not just rules or power. Corruption destroys human progress, corrodes institutions, undermines the rule of law, and discourages investment. It affects public trust, democracy, and social harmony, and is seen as a threat to development and dignity. Malaysia’s Corruption Perceptions Index (CPI) 2024 score is 50/100, ranking 57 out of 180 countries.

The SRC International case was once seen as a turning point, showing no one is above the law. However, the reduction of Dato’ Seri Najib Razak’s sentence later sent mixed signals, making people believe in selective justice. Dato’ Seri Mohd Hishamudin Yunus warned that if nothing changes, we risk living in a world where truth is relative, accountability is optional, and leadership is merely performance without substance.

Dr Radzi was asked: As a politician, how rampant is money politics in political parties, particularly during party elections? Do you think we need a special law to deal specifically with money politics practiced by political party members?

Dr Radzi explained that money politics is a real concern, especially during party elections. Dr Radzi clarified that in his own party, ie, Parti Amanah, money politics is not practiced, and internal elections are conducted cleanly. Dr Radzi emphasised culture over legislation. While laws could help, enforcement would be difficult and resource-intensive. Dr Radzi advocated for building a culture of integrity within parties.

Latheefa was asked: During your time as Chief Commissioner of Malaysian Anti-Corruption Commission (‘MACC’), what challenges did you face, and how did you deal with them?

Latheefa faced the challenges of balancing enforcement powers with civil rights, eliminating degrading practices, such as wearing orange lockup uniforms in public, and ensuring access to legal counsel during interrogations. Latheefa also addressed political pressure on MACC leadership, especially in high-profile or politically sensitive cases. Latheefa stressed the importance of restoring public trust through fair and transparent practices.

Dr Radzi was asked: Besides strict law enforcement and penalties, what other strategies should the government and civil society use to combat corruption?

Dr Radzi emphasised prevention over reaction. This can be done through improving systems and controls in institutions; reducing an individual’s discretion and interactions that can lead to abuse of powers; separating powers, such as ensuring the Prime Minister does not hold other ministerial positions; avoiding concentration of power in any individual; and encouraging education, awareness, and systemic cultural change to reduce tolerance for corruption.

Latheefa was asked: Given that the MACC Chief Commissioner is appointed on the advice of the Prime Minister, which creates a perception of executive influence, what legal reforms would you suggest to make MACC a truly independent body?

Latheefa admitted that the MACC is not sufficiently independent due to the appointment process and lack of security of tenure for the Chief Commissioner. Latheefa suggested the following reforms: guarantee security of tenure for the MACC Chief Commissioner; ensure the MACC reports to Parliament, not the Prime Minister; align with international standards like the Jakarta Principles and UN Convention Against Corruption (UNCAC), and institutionalise transparent appointment and removal processes. Without these reforms, public perception will remain that MACC serves the executive, undermining its credibility and effectiveness.

In this session, moderated by Dr Sheila a/p Ramalingam, Senior Lecturer at the Faculty of Law, Universiti Malaya, the panelists are namely:

1. YB Tuan Adam Adli bin Abdul Halim (‘YB Tuan Adam Adli’), Deputy Minister of Youth and Sports;
2. YB Tuan Chiew Choon Man (‘YB Tuan Chiew’), Member of Parliament for Miri; and
3. Emeritus Prof Datuk Dr Shad Saleem Faruqi (‘Prof Shad’), Malaysian Legal Scholar and Professor of Law at the Universiti Malaya.

YB Tuan Adam Adli was asked: As a former student activist, how has the landscape of freedom of speech in Malaysia evolved since your activism days? Do you think civil disobedience is an effective strategy for achieving political or social change in Malaysia?

YB Tuan Adam Adli was of the view that the freedom of expression space has expanded because of social media. However, it comes with challenges. It is now ‘noisier’, ‘messier’, and more crowded, requiring careful navigation. The current challenge is not absence of space, but how to manage that space wisely. Social media has democratised expression, empowering ordinary people to influence discourse. Civil disobedience remains a powerful and valid tool, but it must be rooted in moral clarity and broad support.

Prof Shad was asked: With many Malaysian laws restricting freedom of speech, which do you find the most problematic? Also, what is your view on the newly enacted Online Safety Act 2025? Is it another tool for suppression or a necessary regulation?

Prof Shad identified the Official Secrets Act 1972 (‘the OSA’) as the most dangerous and restrictive law. The OSA allows any document to be classified as secret, removing it from public scrutiny and making disclosure a criminal offense. This undermines transparency, accountability, and public oversight. As for the Online Safety Act 2025, Prof Shad acknowledged the real dangers of unregulated online content, including pornography, scams, and harassment. While cautious of abuse, he supports the Act’s intention to protect vulnerable groups, but calls for careful monitoring to ensure it is not used to stifle dissent.

YB Tuan Chiew was asked: Based on your parliamentary and grassroots experience, what role do local communities play in shaping national conversations on freedom of speech? Are they more empowered today?

YB Tuan Chiew explained that true reform starts from the grassroots, not the top-down. Malaysians today are more empowered, especially through social media, to speak up and demand accountability. YB Tuan Chiew shared examples where public outcry via Facebook, WhatsApp, and TikTok led to rapid responses from government agencies. This two-way interaction shows that citizen voices are being heard more than before.

YB Tuan Adam Adli was asked: In your role in government, how do you see the government’s responsibility in cultivating a generation that is both outspoken and respectful? Does our current education system support constructive public discourse?

YB Tuan Adam Adli stated that the government must foster both outspokenness and respect. It is important to promote youth empowerment via programs encouraging dialogue and debate. YB Tuan Adam Adli criticised the education system for still emphasising rote learning and compliance, rather than critical thinking and debate. Students are not being taught how to engage constructively in democratic society.

Prof Shad was asked: There are many laws restricting discourse on sensitive topics like race and religion. Do you think these laws should continue, or should we allow more open discussion in a mature democracy?

Prof Shad was of the opinion that blanket bans on sensitive topics do more harm than good, because they silence moderates and empower extremists. Prof Shad advocated for open and respectful discussions. Using examples like Article 153 of the Federal Constitution on special position of Malays, he explained that constitutional provisions are often misunderstood due to fear of discussion. Prof Shad called for balanced forums with inclusive representation to educate the public and prevent fear-based silence.

YB Tuan Chiew was asked: Despite constitutional guarantees, people are still being investigated or charged for what they say online. How can we protect freedom of speech while maintaining harmony in a diverse nation? What role should MPs play?

YB Tuan Chiew acknowledged that selective prosecution is a real issue and it undermines trust. There is a need to reform the Attorney General’s office and enhance judicial independence. Courts have issued progressive rulings in recent years upholding freedom of speech. The leaders must encourage open discourse, and not remain silent.