The former Auditor-General stated that her team found no evidence of direct theft or misappropriation during audits of Lembaga Tabung Haji (TH) and that if her team had discovered any criminal theft, embezzlement, or misappropriation of funds, she would have immediately reported it to the authorities.
Yes, the Royal Commission of Inquiry (RCI) report on TH did states that serious misappropriation, financial misconduct, and suspicious transactions took place due to systemic malfeasance and governance failures rather than direct physical theft.
Systemic malfeasance and governance failures break down internal controls and allow the unauthorized diversion of assets.
When organizational oversight fails, fraud and corruption often occur without detection.
The root causes for malfeasance and governance are,
- The lack of checks and balances allows individuals to bypass approval systems.
- Multiple actors work together to circumvent existing financial oversight tools.
- Hidden financial records and opaque decision-making shield illicit activities.
- Executives or officials abuse authority for personal or political gain.
- Internal and external auditors fail to identify or report structural red flags
The importance of robust and transparent practices in Corporate Governance cannot be overstated.
Corporate Governance—the system by which companies are directed and controlled—is pivotal in ensuring organisation accountability, fairness, and transparency.
History has shown us that even well-established institutions are not immune to governance failures.
These failures can have catastrophic consequences for companies, investors, employees, and the broader economy.
Detecting or finding definitive legal evidence of criminal theft and misappropriation is not the primary job scope of the Jabatan Audit Negara (JAN).
Under the Federal Constitution and the Audit Act 1957, the Auditor General’s scope is structured into three pillars:
- Financial Audits: Verifying that government financial statements are true, accurate, and compliant with accounting standards.
- Compliance Audits: Checking whether government agencies are following established laws, circulars, and financial rules.
- Performance Audits: Evaluating whether public funds and government projects were managed efficiently, economically, and effectively
JAN focuses primarily on financial statement reliability, regulatory compliance, and operational performance rather than conducting deep forensic criminal investigations to actively hunt for hidden theft.
While routine checks flag financial mismanagement, procedural non-compliance, or waste, they may not uncover sophisticated or concealed misappropriation.
The scope of JAN is fundamentally structured around systemic public oversight, which differs significantly from the targeted, adversarial nature of a forensic investigation.
JAN checks if public mechanisms are working properly and it conducts routine checks to ensure public accountability, compliance, and performance.
It seeks to provide reasonable assurance that public funds are managed according to laws, budgets, and regulations.
Standard procedures review internal control systems, ledger accuracies, and procurement adherence. JAN uses new directives like the "Follow the Public Money" Audit (FPMA) to track state fund flows across public-interest entities.
What was revealed in the RCI Report on Tabung Haji are clear sophisticated or concealed misappropriation by all those involved, explicitly and implicitly, which are outside the scope of JAN nor does JAN have the expertise and ability to uncover.
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