GIFT BECOMES NO LONGER A GIFT: 5W 1H

NST Online 2008/04/13

When a gift is no longer a gift

IT is a common sight that many take for granted: VIPs receiving "tokens" of appreciation for opening shops or launching events.

Often the gifts are inexpensive symbols of thanks that do not cost an arm or a leg.

But there are also instances when a VIP, opening a watch shop or a jewellery store, receives more expensive gifts.

Several questions arise: Does the VIP have to get his superior's permission to receive the gifts? Are they allowed to keep them?

The "Guidelines on Giving and Receiving Gifts in Public Service" dictate that a civil servant can only accept a gift under certain circumstances and with the approval of his head of department.
Those doing so without such permission are breaking the rules.

But what if the VIP in question is a minister?

Anti-Corruption Agency deputy director-general Datuk Abu Kassim Mohamed said the minister will have to declare the gift to the prime minister, as required by the Code of Ethics for cabinet members.

He said there was a fine line dividing a token of appreciation and a bribe.

"If a minister opens a luxury watch shop and receives an expensive watch from the shop owner, he has the responsibility to declare the gift to the prime minister. The concept is for them to be transparent and not hide anything," Abu Kassim told the New Sunday Times.

What about advertisements in newspapers thanking a senior government officer for officiating an event or opening a store?

The guidelines say: "Public servants are prohibited from allowing congratulatory, thank you or condolence messages relating to the public servant to be printed in newspapers or other forms of mass media by the private sector, societies, organisations, individuals or any other groups of persons."

Abu Kassim said Section 15 of the Anti-Corruption Act 1997 prohibits any officer of a public body from using his office or position for any gratification.

"The Act prohibits those with power to give projects or anything related to their jobs to themselves or their close family.

"For example, if the official has a company, is a major shareholder of a company, or if someone is a proxy for him in a company, it is advisable for him to refrain from any decision-making in areas where a conflict of interest could arise," Abu Kassim said.

"If he has family members who are eligible to bid for a project, he must declare that his relative is bidding for the project.

"He should then excuse himself from the meeting until the decision for that bid is made. Then he can return to the meeting and proceed with other matters."

What about donations?

A politician can accept a donation but it should be given to his party. He should ensure that he does not have any dealings with the donor at that particular time.

"The donor should not use the donation as a threat or inducement. It should be given sincerely and without expectations," he said.

What is the difference between an inducement and a reward?

Abu Kassim said an inducement was gratification given before performance of a favour, while a reward was the receiving of gratification after a favour had been done.

"That is why it is important for a public official to declare gifts received so that they are not looked at as an "introduction fee".

"He must ensure the money does not go into his own pocket so that when it comes to decision making, the decision will only be based on merit."

Abu Kassim said those who did not inform their superiors about gifts would get caught when a person asks for a favour and relates it to gifts given previously.

The penalty for using one's position for gratification is not light -- maximum imprisonment of 20 years and a minimum fine of five times the value of the gratification received or RM10,000, whichever is higher.

On initiatives against graft, Abu Kassim was saddened by the public's lack of appreciation for action taken by the current and previous administration.

"Pak Lah (Prime Minister Datuk Seri Abdullah Ahmad Badawi) has shown a clear commitment towards fighting corruption and enhancing integrity," he said.

"Maybe, the perception is there because of a lack of explanation to the public of what the government has done. Maybe it's the ACA which did not communicate actions taken to the public."

Some of the initiatives included the setting up of Integrity Management Committees in every state and ministry.

Abu Kassim said Abdullah chaired the cabinet committee on management integrity, of which the ACA is the joint secretariat, every three months.

"Many things have been done in the cabinet level committee. Comprehensive guidelines on the receiving of gifts by public servants have been drawn up.

"The principle is that you don't feel indebted to a person who has given you a gift, and any decision made is based on merit."

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How many times have the guidelines not adhered to in the Malaysian context? It is all fine and dandy to have in place rules, regulations and guidelines but it is a different ball game to enforce them. Every now and then, PROTON launches a new model and who is there to receive the key to the new model other than the PM himself. It's almost a daily affair to see full page advertisement in the major newspapers thanking a certain dignataries for officiating a certain factory or project.

In our quest to reduce graft or corruption in our country, the relevant bodies and agencies must be seen to be doing their work, resource allocation must be made, interdepartmental collaboration should be enhanced and the public 's perception must align and fit with the actual performance. Until and unless the above is continously being implemented, measured, monitored and improved upon, no amount of lip service can convince the public that the government is doing something about corruption.