Kuala Lumpur:The e-Jamin system, functioning in 192 courts across the country, has been operating since 2020 without a formal contract between the government and its operator, Dapat Vista Sdn Bhd. This situation arose due to an initial interpretation considering it merely a commercial transaction.
According to BERNAMA News Agency, Public Accounts Committee (PAC) member Syahredzan Johan explained that the e-Jamin system was initially introduced as a Proof of Concept in 2017 for bail payments. However, it did not proceed through the appropriate government procurement process or a formal agreement. This was partly due to a December 20, 2019, view by the Attorney General's Chambers (AGC) Advisory Division, which categorized e-Jamin transactions as commercial, with courts acting as users.
Following this interpretation, the Finance Ministry issued a letter of no objection on December 26, 2019, provided financial conditions, government data ownership, and agreement drafting were adhered to. Despite this, no formal agreement was reached between the parties involved.
The PAC discovered conflicting interpretations among government agencies regarding the status of bail funds, which was later clarified by an official AGC review. The AGC, with support from the Prime Minister's Department and the Accountant General's Department, confirmed that bail collected under the Criminal Procedure Code is considered public funds, as per Section 3 of the Financial Procedure Act 1957.
Depositing bail funds into a private commercial bank account and not accounting for it in the Consolidated Trust Account was identified as a violation of Article 97(1) of the Federal Constitution and Section 7 of Act 61. While acknowledging the convenience brought by e-Jamin in processing bail payments, Syahredzan emphasized the importance of proper governance and establishing a clear legal framework between the government and the operator.
The PAC plans to continue discussions with the government concerning the system following the report's presentation in the Dewan Rakyat. Seven Members of Parliament participated in the debate, with calls for transparency about Dapat Vista Sdn Bhd and queries regarding the vendor procurement process.
Earlier, PAC chairman Datuk Mas Ermieyati Samsudin highlighted that e-Jamin operated without essential contractual documents, such as a Letter of Appointment or Acceptance. She revealed that of the RM193.71 million bail deposit balance as of December 31, 2024, Dapat Vista had invested RM130.8 million under their name, generating annual interest between RM4 million and RM5 million.