Saravanan willing to declare all assets, questions need for 12-year-old son to attend MACC

Former human resources minister M Saravanan is prepared to provide the MACC with information on all assets he and his family acquired since 2019.

The Tapah MP described the procedure as “straightforward” and said the anti-graft agency's request was reasonable, however, he questioned the need for his son, who is a minor, to be present at the MACC headquarters to receive the asset declaration notice along with the rest of his family.

"I will comply with their request, and I believe what they are asking for is fair. If there are allegations from any party, this is the way for them to investigate whether there is extraordinary wealth or not.

"I just want to announce that I will cooperate with the MACC to supply all their requests, and what I provide to the MACC will also be handed over to the media so that the media knows what we have. We have nothing to hide," he told reporters outside the MACC headquarters in Putrajaya this morning.

Saravanan (above) arrived at the MACC headquarters at around 9.15am with his wife, 24-year-old daughter, and 12-year-old son to receive notices requiring them to declare their assets.

Previously, MACC chief commissioner Abd Halim Aman said the notice under Section 36 of the MACC Act 2009 will be served on Sept 28 on Saravanan, his wife, and two of their children.

Another child of Saravanan, who is abroad, is scheduled to receive the notice in November.

Last month, the MIC deputy president pleaded not guilty to three counts of receiving RM1.097 million in bribes to approve foreign worker quotas for a company in 2022.

He was accused of receiving the monies in three separate payments as an inducement to approve TYKB Engineering Sdn Bhd’s application for 1,000 foreign worker quotas, in his capacity as the human resources minister.

Questions over propriety, discretion

Commenting further on the need for his son to be there this morning, Saravanan said that, with all that is going on, his son has expressed fear of going to school.

"Imagine if this child goes to school and people mock him, scold him, taunt him, and something happens to him. The mental depression he goes through. This is uncalled for," he said.

He also expressed frustration after MACC officers told him today that his son would not need to sign anything.

"This decision could have been made earlier," he highlighted.

Earlier today, Saravanan's family's lawyer R Thinalan told Malaysiakini that the MACC’s decision requiring the child's attendance raises serious questions regarding propriety, discretion, and how children are treated during anti-corruption investigations.

"This notice could have been served at Saravanan’s residence. Why must a 12-year-old child be physically brought to the MACC headquarters?

"Why did Halim (below) need to publicly announce the child’s involvement?" he asked.

Lacking legal capacity

Thinalan said that while the law does not prohibit the MACC from involving a minor in the asset declaration process, it does not necessarily mean it is appropriate.

"The existence of such power does not mean every manner of its exercise is suitable," he added.

Thinalan also pointed out that the child lacks the legal capacity to receive or acknowledge the notice.

"Under the Age of Majority Act 1971, the age of majority in Malaysia is 18. A 12-year-old child cannot legally enter into contracts, execute statutory declarations, or be bound by strict 30-day deadlines backed by criminal penalties under Section 36 notices.

"The proper procedure would be for any notice regarding a minor's assets to be served on the parent or legal guardian under Section 36(1)(b) of the MACC Act.

"This provision legally directs parents, who are usually the primary subjects of the investigation, to declare all assets held in the name of their children, spouse, or proxies," he said.

Thinalan (above) also questioned whether Section 36, in his view, explicitly mandates a minor to physically present themselves at the MACC headquarters to comply with the notice.

"Compelling a child of this age to attend the headquarters of a highly restrictive law enforcement agency, without a legitimate need, borders on breaching child welfare guidelines and the Child Act 2001, which prioritises the protection and emotional well-being of minors.

"Does MACC have safeguards in place to ensure he truly understands what he is being asked to state and the implications of making a sworn declaration?" he asked.

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