2 May 2010

Sometimes its worse to give than to receive

2010/05/02

ANDREW (not his real name), a young baker and restaurateur, is known to many as a generous person.
The 30-year-old likes to bake cookies and cakes and gives them to his family and friends for birthdays, weddings, graduation parties and even sombre occasions like funerals.

Since opening his restaurant last year, Andrew has also been giving not only his baked goods, but between RM100 and RM200 to local council enforcement officers who visit his premises.

Why is Andrew giving them money?

"They've been visiting my restaurant too regularly and it is disrupting my business.

"In the beginning, they told me that I should not have an awning but it's been there years before I took over the restaurant.
"I had to give otherwise I would be harassed further."

When Andrew wanted to put tables and chairs outside his premises to give customers the option of dining alfresco, he applied for a licence from the local council. But the officer he met told him such licences were no longer issued.

"When I asked him for a solution, he told me to wait for enforcement officers to visit my shop for 'negotiations'."

Andrew "negotiated" twice with the enforcement officers. On each occasion he paid them RM200.

What Andrew has done will make him liable for corruption.

The Malaysian Anti-Corruption Commission (MACC) recently announced that they would be going on a nationwide blitz against those who try to buy their way out of trouble with enforcement officers.

People must be aware that they have a big role to play in stamping out corruption. Stop giving and the scourge will be eliminated.

"It takes two to tango, so a giver of bribe is as guilty as the taker," said Malaysian Institute of Integrity president Datuk Dr Mohd Tap Salleh.

"Corruption starts with us, not from the taker's end. To eliminate the practice, we must stop the rot from the head."


Tap said corrupt practices would die the moment there were no givers.
"When you deal with government servants and the service is slow, don't automatically assume that it is because they want to be paid. Generally, they do not accept this kind of thing.

"If people insist on paying them, the culture will not be wiped out."

Last year, the government introduced an integrity pact, which disallowed corporations to present government agencies with gifts during procurement.

A supplier found contravening this pact would be prosecuted and have its contract terminated.

But what if ministers and civil servants are the ones who give gifts to companies, such as media organisations, during festive seasons?

The "Guidelines on Giving and Receiving Gifts in Public Service" say that whether or not this is wrong would depend on the situation.

"A gift becomes gratification when a gift is sent for the purpose of getting the person or the organisation to do or not do something. If it is for that purpose, then it becomes a bribe," said MACC chief Datuk Abu Kassim Mohamed.

What about ang pow?

"In the Chinese custom, ang pow are given to the elders, children and single relatives.

"If a Chinese gives it to a Malay, Indian or other race, that cannot be regarded as an ang pow.

"And if it is given for the purpose of getting the person to do or not do something, then it is a bribe," he said.

It is the same with the Malay custom of duit raya, it is given only to children.

What about politicians giving out ang pow or duit raya during festive seasons?

"That can't be done. That can be considered as a bribe, too."

The guidelines, which were drawn up in 1998, also state that a government department is not encouraged to give gifts to VIPs officiating at an event.

If a gift is necessary, then an inexpensive plaque, pennant, handicraft made by the department or other such material meant to promote the department or country, should be chosen.

Recommendation letters are another popular "gift" from members of parliament to their constituents. Putting in a few good words for a company is not considered as abusing one's position.

"But if the letter has the power to compel someone in authority to do something he or she otherwise would not do, then it becomes a corrupt gesture," said Tap.

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