Anyone involved in the offence they report is not eligible for protection.
The Malaysian Anti-Corruption Commission (MACC) has clarified that the individual expected to be charged alongside two Sabah assemblymen in the mineral mining licence corruption case is not protected under the Whistleblower Protection Act 2010.
MACC Legal and Prosecution senior director Datuk Wan Shaharuddin Wan Ladin said Section 11(1) of the Act clearly states that anyone involved in the offence they report is not eligible for whistleblower protection.
“If a person is involved in the wrongdoing, they are not protected under the Act and therefore cannot be considered a whistleblower,” he told Bernama on Wednesday (June 18).
He added that to qualify for protection, a report must be made in good faith to a recognised enforcement agency such as the MACC, Royal Malaysia Police (PDRM), or other authorised government bodies.
“Reports made with malicious intent, such as to seek revenge or defame others, do not meet the criteria for protection,” he said.
Wan Shaharuddin further emphasised that a whistleblower must not be complicit in the wrongdoing being reported. If found otherwise, any protection granted may be revoked.
“This is to preserve the integrity of the whistleblower framework and prevent it from being misused as a ‘shield’ by those trying to escape accountability,” he said.
Earlier, the individual’s lawyer claimed his client was a whistleblower who had cooperated with the authorities, but was later informed he would be charged in court on 30 June.
Recently, video clips allegedly showing conversations involving individuals and Sabah elected representatives discussing corrupt practices related to mineral mining activities went viral on social media.
Previously, MACC chief commissioner Tan Sri Azam Baki confirmed that two Sabah assemblymen and another individual are expected to face charges in court this month in connection with the scandal.