Latest news with #WhistleblowerProtectionAct
Sinar Daily
5 days ago
- Politics
- Sinar Daily
APPGM urges stronger structural reforms in Whistleblower protection law
SHAH ALAM - Civil society groups and experts working with the All-Party Parliamentary Group Malaysia (APPGM) on Integrity, Governance and Anti-Corruption shared cautious optimism following the recent tabling of amendments to the Whistleblower Protection Act (WPA) 2010. In a joint media statement, the group welcomed the move as both timely and important, but stressed that the proposed revisions remained insufficient and required significant improvements to guarantee meaningful and lasting protection for whistleblowers. The group raised six key points to highlight gaps in the current reform framework. 1. Interim committee cannot replace an ombudsman The partners stressed that the proposed interim committee must not become a permanent solution. 'An ombudsman must be introduced to replace the functions of the interim committee as per the commitment by the Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) 'In the interim period, the committee must include independent civil society actors, legal and governance experts—not just government insiders and that appointments should be transparent and criteria-based,' the statement said. 2. Independent ombudsman is non-negotiable Echoing long-standing calls for institutional reform, the coalition emphasised that without an independent ombudsman, the WPA remains structurally weak. They warned that the absence of this key body leaves whistleblower protections 'vulnerable to selective enforcement and political interference.' The group demanded that the ombudsman be established without further delay. 3. Section 6 amendments must override conflicting laws The partners voiced strong support for proposed amendments to Section 6 of the Act, saying it was essential for the WPA to override conflicting laws such as the Official Secrets Act and Section 203A of the Penal Code. 'Until this is clearly codified, whistleblowers remain at legal risk—defeating the purpose of the Act,' the statement read. 4. Recognition of S11(1A) as positive step They acknowledged the introduction of a new clause, Section 11(1A), as a constructive improvement. 'We welcome the inclusion of S11(1A) which states that notwithstanding S11(1)(a), the protection conferred to the whistleblower may be maintained by the enforcement agency,' they said. The clause grants agencies discretionary powers to maintain protection based on investigation findings, which the group saw as a step in the right direction. 5. Multi-stakeholder process must be preserved The group stressed the importance of maintaining an open and inclusive reform process. 'The WPA amendments are the result of years of multi-stakeholder engagement. The reform process must remain open, inclusive and guided by evidence and international best practice. 'We caution against any regression to closed-door policymaking,' they warned. 6. Bipartisan support is critical In closing, the partners reaffirmed their commitment to upholding integrity and transparency. 'Real reform requires more than technical adjustments—it requires legal clarity, structural safeguards and institutional courage,' they said. They also expressed readiness to work with the government to ensure a robust whistleblower protection framework and praised Members of Parliament who had championed these reforms. 'We also commend the MPs raising these issues in Parliament today and urge continued leadership in seeing these reforms through,' the statement said.
Malay Mail
6 days ago
- Politics
- Malay Mail
Amendments to Whistleblower Protection Act a major reform even if info breaks other laws, says Syahredzan
KUALA LUMPUR, July 23 —The bill to amend the Whistleblower Protection Act 2010 (WPA) (Act 711), passed in the Dewan Rakyat yesterday, is a major amendment that will boost the effectiveness of the Act. Bangi MP Syahredzan Johan said the WPA was passed in 2010 to provide protection to whistleblowers, but there are several flaws in the Act that severely hampered its effectiveness. 'One major flaw in the Act is that the disclosure made must not be prohibited by any written law. This is found in a proviso in Section 6(1) of the Act. 'Thus, the disclosure of matters covered by the Official Secrets Act 1972, for example, would not attract protection under the Act. 'Consider the offence under Section 203A of the Penal Code of 'disclosure of information'. Under the section, a person who discloses any information or matter which he has obtained in the performance of his duties, or the exercise of his functions under any written law, commits an offence,' he said in a Facebook post yesterday. For example, he said if an individual uncovers improper conduct in a ministry, but that information is classified by the Official Secrets Act (OSA), even if he discloses it to an enforcement agency, he will not be accorded protection under the WPA. Syahredzan said laws such as the OSA and Section 203A of the Penal Code resulted in many whistleblowers and potential whistleblowers not falling under the ambit of protection within the WPA. 'With the amendment today, such disclosures are no longer disqualified. The proviso in Section 6(1) will be removed. In other words, even if the improper conduct is contained in a document classified under the OSA, the whistleblower can still be protected,' he said. He further said that if this bill becomes law after going through the Dewan Negara and the rest of the legislative process, a whistleblower will be protected even though the disclosure is prohibited by law. — Bernama
The Sun
6 days ago
- Politics
- The Sun
MPs push for independent whistleblower commission in Malaysia
KUALA LUMPUR: The government should consider establishing an independent commission to protect whistleblowers and provide a secure and lawful reporting avenue, particularly when the agency tasked with handling such reports is itself involved in misconduct. Bentong MP Young Syefura Othman said that while she welcomed the amendments to the Whistleblower Protection Act, including a new provision allowing agencies to maintain protection in the public interest, she believed they remained insufficient without monitoring from an independent body. 'I commend amendment 11(1A), which allows agencies to exercise discretion in maintaining protection if the disclosure provides significant benefits to the public interest. This is in line with internationally practised principles of good faith and public interest. 'However, in my view, this discretion is not enough if it lies solely with the enforcement agencies. Any case must be referred to an independent body, as mentioned earlier,' she said during the debate on the bill in the Dewan Rakyat on Tuesday (July 22). Earlier, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the Whistleblower Protection (Amendment) Bill 2025 for its second reading at the sitting. The bill, among others, seeks to establish a Whistleblower Protection Committee to obtain statistics and data related to disclosures and complaints received by enforcement agencies under the act. Wan Ahmad Fayhsal Wan Ahmad Kamal (PN–Machang) said he was of the view that the establishment of a Whistleblower Protection Committee, with its members appointed by ministers, did not guarantee independence or effectiveness as it had no review or enforcement powers. 'Many whistleblowers still face pressure and threats. Malaysia needs a comprehensive protection mechanism not only for the public sector or corruption cases, but also in cases involving sexual exploitation, abuse of power by enforcement authorities and corporate elites. 'Protection should also extend to disclosures made to the media, non-governmental organisations (NGOs) or MPs if the whistleblowers do not trust the official agency. We must also ensure that whistleblowers in cases involving sexual harassment, political or corporate abuse are protected without prejudice,' he said. He also cited the approach taken by several foreign countries, including the United Kingdom and the United States, which allow whistleblowers to report to the media or Congress without having to go through internal departmental channels, provided the disclosures are made in good faith. Meanwhile, Wong Chen (PH–Subang) proposed that the minister appoint four committee members, comprising academics, representatives from the Malaysian Bar Council, and an NGO representative. 'In other countries such as the United Kingdom, France and Sweden, whistleblowers are given the option to report to the media if no action is taken by the authorities. We must amend our laws to protect those who have the courage to come forward and provide information to the media,' he said. - Bernama
Winnipeg Free Press
6 days ago
- Business
- Winnipeg Free Press
Nova Scotia contractor sues Manitoba government, claims breach of whistleblower legislation
A Nova Scotia man is suing the province over claims his consulting contract with the Manitoba government wasn't renewed because he filed a whistleblower complaint about its handling of a software project. In a statement of claim filed in Court of King's Bench earlier this month, David Morash claims the government breached the provincial Whistleblower Protection Act and its contract with his company. Morash was contracted in 2023 by a computing consultant, working for the province, to manage an information technology project updating and integrating data processing and software programs into a single system for the provincial government, according to Morash's lawsuit. The court papers claim the contract wasn't renewed because he disclosed information to the Manitoba ombudsman related to 'gross mismanagement of a public fund or asset.' The contract was extended in January 2024, but in August that same year, Morash provided information to the ombudsman, alleging wrongdoing in the province's consumer protection and government services department. Specifically, Morash alleged, the project was 'being grossly mismanaged by the defendant, resulting in resource and financial mismanagement.' Before he disclosed information to the ombudsman's office, he tried to raise his concerns with government representatives, but an unnamed 'executive representative,' who was a lead on the project, told him to make a formal disclosure to the ombudsman instead, the court papers claim. Morash was told in November last year that the ombudsman would look into the matter. The court papers claim the government benefited from his complaint, with personnel on the project restructured. His contract then wasn't renewed in January and a new project manager was brought on, Morash alleges, claiming the province not renewing the contract constitutes misfeasance in public office. Morash claims he also made a complaint to the ombudsman about the expired contract, but the ombudsman's office told him in March it wouldn't investigate because it does not have the authority to probe reprisal complaints from contractors, only public employees. He claims to have suffered loss of income and out-of-pocket expenses, as well as psychological and emotional harm. He's seeking unspecified monetary damages. The provincial government has yet to respond to the claim with a statement of defence and the matter hasn't been heard in court. Erik Pindera Reporter Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik. Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates.
Barnama
7 days ago
- Politics
- Barnama
MPs Call For Independent Commission To Protect Whistleblowers
KUALA LUMPUR, July 22 (Bernama) -- The government should consider establishing an independent commission to protect whistleblowers and provide a secure and lawful reporting avenue, particularly when the agency tasked with handling such reports is itself involved in misconduct. Bentong MP Young Syefura Othman said that while she welcomed the amendments to the Whistleblower Protection Act, including a new provision allowing agencies to maintain protection in the public interest, she believed they remained insufficient without monitoring from an independent body. 'I commend amendment 11(1A), which allows agencies to exercise discretion in maintaining protection if the disclosure provides significant benefits to the public interest. This is in line with internationally practised principles of good faith and public interest. 'However, in my view, this discretion is not enough if it lies solely with the enforcement agencies. Any case must be referred to an independent body, as mentioned earlier,' she said during the debate on the bill in the Dewan Rakyat today. Earlier, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the Whistleblower Protection (Amendment) Bill 2025 for its second reading at the sitting. The bill, among others, seeks to establish a Whistleblower Protection Committee to obtain statistics and data related to disclosures and complaints received by enforcement agencies under the act. Wan Ahmad Fayhsal Wan Ahmad Kamal (PN–Machang) said he was of the view that the establishment of a Whistleblower Protection Committee, with its members appointed by ministers, did not guarantee independence or effectiveness as it had no review or enforcement powers. 'Many whistleblowers still face pressure and threats. Malaysia needs a comprehensive protection mechanism not only for the public sector or corruption cases, but also in cases involving sexual exploitation, abuse of power by enforcement authorities and corporate elites. 'Protection should also extend to disclosures made to the media, non-governmental organisations (NGOs) or MPs if the whistleblowers do not trust the official agency. We must also ensure that whistleblowers in cases involving sexual harassment, political or corporate abuse are protected without prejudice,' he said.
