Of late, there have been a
series of exposés in terms of financial scandals in our country plaguing some
major government-linked investment corporations (GLICs) and institutions. That
impacts trust and ultimately questions whether taxes should be paid. Whenever
such scandals come to light, is anyone held responsible and whether there has
been a breach of fiduciary duty to the public.
Theft of milk powder by
poverty-stricken families has resulted in criminal prosecution and jail terms. Yet
rarely do we see those accused of greater crimes being put behind bars, except
for one ex-PM. We have also seen offences involving money laundering, Ponzi
schemes and fraudulent scams being let off with a slap on the wrist through
compound payments for settlement with the authorities. And the victims? They
are made to bear the consequences in silence with a great injustice done to
them. It is no wonder then that the perception given to society is that there
is an alleged unequal standing before the enforcement of the law. Those from
privileged backgrounds appear to get off scot-free, while those who have lesser
means must receive whatever comes their way. Fiduciary duty is not an option.
Source: https://en.wikipedia.org
GLICs and institutions are in
effect acting as custodians of the people’s money, and hence, are bound by the
fiduciary duty to act in the best interest of the people. Unfortunately, we
have seen a blatant disregard for the interest of the people. While in part it
may be due to negligence, on a deeper level, there is a clear breach of
fiduciary duties by decision-makers.
If remedial measures are not put
into place urgently and efforts to recuperate losses are not expedited, the one
that foots the bill for the foolishness and transgressions of some would be,
once again, the people. As such, who in their right mind would entrust their
savings to the very institutions meant to safeguard their deposits? The last
thing we want is an erosion of confidence in other better-performing
institutions such as the Employees Provident Fund or Permodalan Nasional Bhd
(PNB) as collateral damage from all this negative news flow.
Contrary to popular belief,
there is no lack of good frameworks in place for our institutions. We have an
abundance of laws and regulations to ensure compliance by the GLICs and
institutions. Processes are often robust, with checks and balances in place.
Whenever something blows up, there will be loud calls for reform or the need
for stricter laws to plug the gap. The issue, in my humble view, is not the
framework or the law. It is, in fact, weak enforcement. When enforcement is
weak, the deterrent effect is not up to par. If the consequence of breaching
the regulations is light compared with the potential windfall (illicit or not),
then the end justifies the means, doesn’t it? Those who are responsible for the
dereliction of duties by those appointed to act as custodians for the people
should be made examples, if not, the misbehaviour will continue. Sad to say,
many instances have shown that the risk-to-reward ratio appears skewed in
favour of those who cross the line instead of those who are upright.
Those who are tasked with
managing taxpayers’ money must be held to the highest standards due to the
trust placed in them by the public. Appointments to these key roles must be
based on merit and capability rather than political connections or
affiliations.
Malaysia has an abundance of
resources and natural advantages that make our regional peers green with envy.
Sadly, the leakages in the system are too rampant. The systemic failures across
organisations and institutions are too prevalent to be eradicated overnight.
But that does not mean we should not start turning it around. Instead of
introducing new taxes and removing subsidies that burden the people to increase
government revenue, start plugging leakages at key GLICs and institutions. Once
the people see the improvement, they would be more receptive and willing to
play their part in contributing taxes to the country, provided they are being
put to good use. Trust and taxes go hand in hand.
Reference:
Rebuilding
institutional confidence, Ng Zhu Hann, The Star, 22 August 2026






