When Gifts Become Shady

    People say money talks. Well it does, but many other things can talk too.

    More often than not, a desired favour can be won not just by cash but through gifts in any form, shape and size.

    But it is corruption, all the same, just without the tangible dollar sign.

    According to the Malaysian Anti-Corruption Commission (MACC), the private giving and receiving of gifts in a work environment, whether in the form of cold hard cash or a nicely wrapped hamper, can easily be open to abuse.
    The culture of gift giving, which is popular in both the public and private sectors, can veer towards a cause-and-effect scenario whereby a gift has to be reciprocated with a deed or a favour.
If it does come down to that, not only will it affect the image of the persons and corporations, institutions or agencies represented, but also the integrity of the sector.
     In the public sector, officers are prohibited from accepting or giving gifts if such actions are connected to their public duty and if the form, amount or value of the gifts given does not match the purpose of the gift.
     The question then arises as to what actually constitutes a "gift".
     The prohibition of giving and receiving of gifts comes under sub-regulation 8 (1)(a) and (b) of the Public Officers Regulations (Conduct and Discipline) 1993, which clearly states what constitutes gift-giving or receiving.
     For civil servants who commit such action, the penalties are swift and heavy.
     If convicted, they will be removed from their position, lose their pensions and other benefits, as well as be barred from future public appointments.
     In the private sector, however, convicted offenders are not blacklisted and can still participate in government procurement, but the commission is working to change that.
     One such step is to include clauses in government contracts whereby convicted offenders will be subjected to termination of the contract without compensation as well as a five-year participation ban on any public contract.
     To combat corruption on micro level, members of the public are urged to report all corruption cases to the MACC. In fact, it is the duty of every Malaysian to do so.
     Protection is given to informants of reported corruption cases, and the informer's identity is protected and will be not be revealed in any court of law.

This article was published by TheSun on Thursday 27 September 2012 at page 07 (advertorial)