By Malai Hassan Othman | KopiTalk with MHO
BANDAR SERI BEGAWAN, 15 AUGUST 2025: With billions of public funds on the line, Brunei's procurement system is back in the spotlight after the Legislative Council's second sitting on 6 August 2025.
Yang Berhormat Awang Amran bin Haji Maidin asked if the Anti-Corruption Bureau (Biro Mencegah Rasuah, BMR) should be involved as an independent panellist in government tender evaluations.
The Minister at the Prime Minister’s Office and Second Minister of Defence responded that BMR won't join these panels to keep its independence and avoid any conflict of interest.
However, the bureau still has full authority under the Prevention of Corruption Act (Cap. 131) to investigate procurement-related issues and review systemic problems, including through educational outreach and integrity training across ministries and GLCs.
This procurement issue comes amid previous worries about financial discipline.
During the 20th LegCo session on 15 March 2024, the Minister at the PMO and Minister of Finance and Economy II revealed that the National Audit Committee had received 166 reports and finished 59 reviews, with the rest still being discussed with the Audit Department - highlighting ongoing governance risks.
Public frustration over poor housing and suspected contractor misconduct has long loomed over procurement practices.
During an unexpected visit to the Ministry of Development, His Majesty criticised “criminal elements or misconduct” in housing projects and warned that “corruption is a bridge to hell.”
He pointed out cases where cheaper, substandard materials were used in RPN housing developments, leaving many units defective or unused.
The titah urged ministries to choose contractors based on their performance records and enforce rules that are already “clear on paper.”
The national khutbah on 29 November 2024 echoed this sentiment, emphasising the importance of workplace integrity for national progress and labelling corruption a betrayal of trust - with serious social and spiritual consequences.
Imams called on all employees, especially in the public sector, to help maintain a corruption-free Brunei and to report unethical behaviour.
However, catching procurement-related corruption is still really challenging.
A joint paper from BMR and AGC officials pointed out these difficulties.
Many cases involve cross-border accounts or witnesses, needing legal assistance from other countries.
In one oil-and-gas case, authorities collaborated with MACC (Malaysia) and CPIB (Singapore) to arrest a suspect and recover six-figure sums held in Singapore.
These investigations often require complex financial trails, telecom records, and digital forensics - demanding high-level expertise and accuracy.
Surveillance operations, including consensual recordings and lawful telecom interception, are crucial but must follow strict rules to prevent abuse.
Some cases are just too big to handle efficiently. The diesel-smuggling and bribery case involving 38 customs officers is one example.
Although six senior officers faced charges - with two convictions so far - 15 junior officers were let go without acquittal after years of scheduling issues, procedural delays, and witness problems.
These lengthy proceedings show how complexity and volume can weaken public accountability.
This context helps explain BMR’s decision not to participate in tender panels.
The minister reiterated that excluding the bureau aims to maintain investigative objectivity.
However, critics argue that the most serious corruption risks often emerge at the pre-award stage - during bid evaluation, scoring, scope adjustments, and “soft benefit” exchanges.
Without integrity oversight during these phases, red flags might only show up after problems arise and complaints are made.
The earlier audit reports indicate a clogged oversight pipeline, with 166 cases suggesting a backlog of unresolved issues.
Whether these reports lead to timely reforms or end up gathering dust will determine if Brunei’s anti-corruption efforts are effective or just paper trails.
Brunei’s performance in regional corruption perception metrics is still pretty solid.
A 2022 snapshot put the country at CPI 60 - ranking behind Singapore, Hong Kong, Japan, and Taiwan, but ahead of several ASEAN peers.
While these indices are useful as a baseline, they don’t reflect specific weaknesses in procurement or the effectiveness of enforcement mechanisms.
They might even create a false sense of security if domestic issues aren’t addressed.
Practical improvements have been suggested for a while.
One idea is to include independent integrity observers - not decision-makers - early in high-value tender evaluations, especially during drafting terms of reference and scoring calibration.
These observers could issue public notes after the awards if they see any irregularities.
Real-time e-declarations for gifts and hospitality, checked against vendor registries, would add another layer of protection. Any evaluator declaring a conflict would automatically be recused.
A digital platform that publishes anonymised timelines for major tenders - from issuance to award - could boost transparency and prevent informal manipulations.
Formalising whistleblower and witness protection systems would help keep cases from falling apart, especially when overseas or vulnerable witnesses are involved.
Finally, issuing quarterly integrity dashboards that include complaints, investigations, convictions, and procurement process corrections would allow Parliament and the public to track progress beyond just prosecutions.
The latest LegCo discussions reveal a key policy tension: how to balance BMR’s independence as an enforcer with the need for real-time prevention in procurement.
His Majesty’s titah, the mosque’s moral calls, and the cases piling up in court all point to one conclusion - oversight needs to happen before money changes hands.
If Brunei’s system can spot risks early and act decisively, the next corruption headline could finally be about prevention, not punishment. (MHO/08/2025)
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