A backbencher has defended the Malaysian government’s proposed procurement bill against criticisms that it confers excessive powers on ministers, asserting that no legislation can fully safeguard against the abuse of authority.
In an interview with FMT, Beruas MP Ngeh Koo Ham explained that the Government Procurement Bill aligns with other laws by granting the responsible minister ultimate decision-making authority, while incorporating essential checks and balances.
Ngeh emphasized that the bill would enhance government procurement practices by criminalizing rent-seeking and undue interventions. As a trained lawyer, he argued that the legislation is essential to empower designated officials for enforcement purposes.
“With any law, we must entrust and authorize certain individuals,” he said. “In this instance, authority is vested in the secretary-general of the Treasury and state financial officers. We rely on them to perform their duties diligently.”
He added, “There is no foolproof method to guarantee that an officer will not abuse power or engage in corruption. We have seen cases of Malaysian Anti-Corruption Commission (MACC) officers involved in misconduct, yet we maintain deterrents through laws that apply universally. Anyone who commits an offense will face legal consequences.”
Ngeh’s comments followed calls from the Center to Combat Corruption and Cronyism (C4) for the government to postpone the bill’s second reading, warning that its current form could prove “institutionally dangerous.”
C4 expressed concerns that the proposed registry of contractors and suppliers, along with investigative powers granted to Treasury officials, might invite abuse and undermine the bill’s goals of promoting transparency and accountability.
The legislation has also drawn opposition from the Institute for Democracy and Economic Affairs (IDEAS) and Transparency International Malaysia (TI-M).
IDEAS advocated for a review process involving consultations with civil society organizations to align the bill with best practices and public interests, while TI-M stressed the importance of incorporating public feedback on a law governing the expenditure of billions in public funds.
Pasir Gudang MP Hassan Karim of PKR highlighted in the Dewan Rakyat that the proposed bill would prevent Parliament from debating government tenders and purchases.
“One section effectively places the finance minister above the law,” he stated, labeling it a “threat” to reform efforts.
The draft bill establishes a comprehensive procurement framework across 12 parts and 93 clauses, applicable to ministries, statutory bodies, government-linked companies (GLCs), and local councils utilizing public funds at both federal and state levels.
