SHAH ALAM - Charitable and political donations can lead to the risk of bribery and corruption if they are not properly managed and regulated, say lawyers.
Lawyer Fatihah Jamhari said ideally, there are no strings attached with donations and bribery is clearly given with hope of returning a favour.
"Previously, many used 'donation' or 'gifts' as a defence when factually they are all for return of consideration," Fatihah told Sinar Daily.
She explained that charitable and political donation can lead to risk of bribery and corruption when it is gifted as a requirement of return of consideration under Section 16 of the Malaysian Anti-Corruption Commission 2009 Act.
"Anything that has the element of tit-for-tat in any form, simply put is a bribery," she said.
When asked on how to overcome this issue, she said it all depends on how transparent the accounts are.
"I have been involved in civil society organisation (CSOs) for awhile and I think the number one determining factor for us is how transparent our accounts are. If we try to camouflage our accounts or transactions, something is clearly wrong, not just fishy," she said.
She also stressed that transparency must be coupled with accountability.
"Once you know a donation is done with wrong intention, someone must take the responsibility to report it because more often than not, these charitable donations cannot be defended," she added.
"Public can take action by not donating to charities that have no clear record of real nonprofit programs," she added.
Meanwhile, lawyer Megat Syazlee echoed Fatihah's view saying that charitable and political donations can lead to the risk of bribery and corruption if they are not properly managed and regulated.
He explained that the key difference between bribe and charity is the intent behind the payment or gift.
"Bribe is made with the intention of gaining an illegal or unethical advantage, while a donation is made without such intent," he said.
"In Malaysia, a bribe is a payment or gift made with the intention of influencing a public official or politician in order to gain an illegal or unethical advantage.
"A donation, on the other hand, is a gift made to a person or organisation without the expectation of receiving anything in return," he added.
Megat said that in order to minimise the risk of bribery and corruption, donations should be made transparently with proper documentation and records kept.
He also said that it is also important to ensure that donations are not made with the expectation of receiving anything in return, and that they do not result in a conflict of interest.
Additionally, political donations should be regulated to prevent undue influence and maintain fair political competition, he opined.
He remarked that not all donations are corrupt or illegal as political donations can also be used to support parties and candidates that align with the donors' beliefs and values.
"It is important to have proper regulations and oversight to ensure that donations are being used in a way that is in line with the public interest," he said.
He elaborated that it takes a combination of measures to tackle the issue of bribery being masked behind the name of charity.
The first one is transparency which is to ensure that all donations, whether charitable or political, are made transparently and with proper documentation as this can help to identify any suspicious or illegal activities.
Next is the implementation of strict regulations on charitable and political donations to prevent them from being used as a cover for bribery.
This can include restrictions on the amount that can be donated, as well as requirements for disclosing the identity of donors.
The government needs to establish an independent oversight body to monitor and investigate charitable and political donations and this body should have the power to audit organisations and individuals, and to take action against those found to be engaging in illegal activities.
The public also needs to be educated about the importance of transparency and accountability in charitable and political donations, and encourage them to report any suspicious activities.
Additionally, the whistleblower protection needs to be tightened to encourage people to speak up against bribery by providing them with protection and support.
The laws and regulations that are in place must be enforced effectively and that those found guilty are punished accordingly.
"By implementing these measures, government and organisations can help to ensure that charitable and political donations are used for their intended purposes and to prevent the illegal activities being masked behind the name of charity," he concluded.