Politicians and 'duit raya': Legal, ethical, and practical considerations for civil servants

ACCORDING to circulars under the Public Service Commission, it has been stipulated that all civil servants are prohibited from receiving any form of contributions, whether in the form of 'Duit Raya', red packets, or gifts from any interested parties related to their official duties.

This matter is clearly referred to in the Public Service Circular on Conduct and Management of Discipline of Civil Servants Version 1.0 (2022) UP.7.2.5 Procedure for Giving and Receiving Gifts in the Civil Service.

Circular No. 3 of 1998 (PP No. 3/1998) defines gifts as including money, movable or immovable property, vehicles, free tickets, shares, lottery tickets, travel facilities, entertainment, services, club membership, any form of discount or commission, hampers, jewellery, any gift or souvenir.

It also includes any valuable item given to or received by the officer, his wife, or any other person on his behalf from anyone, with or without repayment or repayment known to the officer whether sufficient or otherwise.

The Malaysian Anti-Corruption Commission Act 2009 also clearly states the offence of soliciting, receiving, offering, or giving any bribe including gifts related to the principal affairs or official duties of civil servants.

Civil servants are prohibited from receiving any form of contributions, including 'Duit Raya' money, red packets, or gifts, from people they interact with in their official capacity.

This regulation is outlined in the Public Service Circular on Conduct and Management of Discipline of Civil Servants and Circular No. 3 of 1998. The Malaysian Anti-Corruption Commission Act 2009 and Section 165 of the Penal Code also criminalise such practices.

The offences involved include under Section 16, Section 17 (a) & (b), Section 20, Section 21 (a), (b), (c) and (d), and Section 23 of the MACC Act.

In addition, Section 165 of the Penal Code also states that it is an offence for a civil servant to receive valuable items, without repayment, from a person who is involved in any discussion or business conducted by that civil servant.

However, Circular No. 3 of 1998 (PP No. 3/1998) also explains that civil servants can still receive gifts considered disproportionate with a value exceeding one-quarter of their monthly emoluments or exceeding RM500, whichever is lower.

They can also receive gifts from colleagues, wives or husbands, children, parents, relatives on the occasion of retirement, transfer, engagement, marriage, or any ceremony related to customs and religion.

Perishable gifts are exempted from being considered corruption even if their value exceeds RM500.

About 1.2 million civil servants are still allowed to receive gifts worth less than RM100 in the form of plaques, handicrafts, printed materials for department or national promotions; or perishable and non-durable goods.

Goals do not justify means

A constitutional expert, Dr Muhammad Fathi Yusof, emphasises that civil servants should not accept gifts, regardless of value, to avoid a perception of corruption.

He pointed out that in general, all civil servants are subject to certain circulars and regulations that prohibit them from accepting any gifts whether in the form of 'Duit Raya' or souvenirs while carrying out official duties.

"Such actions are not only an offence under the MACC Act and contrary to public service circulars but also create a negative perception that authorities in Malaysia can be bought with ringgit," he said.

Fathi made these remarks when commenting on the statement by Umno Youth Chief Dr Muhamad Akmal Saleh, who described his action of giving 'Duit Raya' to 420 police personnel openly as not an offence.

However, Fathi opined that if civil servants are forced to accept, find it difficult to refuse, or feel uncertain about the 'gift' offered by interested parties in their official duties, they should report it in writing to their department heads for further action.

In another development, Fathi differs in opinion on whether the element of gift-giving or gratuities to civil servants is discussed from the perspective of royal institution grants.

He explained that the practice of giving gifts or souvenirs from the Palace is actually a common hereditary practice and is not an offence as long as there is no conflict of interest.

For example, he views the presentation of car grants by the Yang di-Pertuan Agong, Sultan Ibrahim, to the Inspector-General of Police and several government officials recently as a common practice carried out by the Head of State in royal traditions.

"To avoid creating a negative perception or tarnishing the dignity of the police, the ceremony for awarding the car grants should be conducted openly with clear criteria given to qualified parties," he said.

Misconception arises

Meanwhile, senior lawyer Haniff Khatri Abdulla argued that politicians giving 'Duit Raya' to uniformed personnel can create a negative impression.

"Why do we want to create a bad impression of uniformed personnel?

"Unless in that ceremony they receive contributions without wearing uniforms or family members receiving them, that's a different story.

"So basically, it is not about the right of politicians to give zakat contributions during festive seasons but it can create a bad habit that can degrade the dignity of the police," he stressed.

Following this, Haniff Khatri suggested that if there is a permanent directive from the Inspector-General of Police (IGP), then the officers and members of the police concerned should reject the 'Duit Raya' from the relevant politicians.

Meanwhile, Malaysian Corruption Watch President Jais Abdul Karim proposed that the giving of 'Duit Raya' and other gifts by certain individuals is seen as an action that can affect the integrity and professionalism of public servants in carrying out their public duties.

"Although such giving may not be intended as a corruption crime, the act of accepting such gifts may create conflicts of interest or create a negative perception of the integrity of the individuals involved," he said.