Prokhas Whistleblowing Policy

Prokhas is committed to the highest standard of integrity, openness and accountability in the conduct of its businesses and operations. It aspires to conduct its affairs in an ethical, responsible and transparent manner.

Recognizing the abovementioned values, Prokhas provides avenue for Board of Directors (“Board”) and all employees of Prokhas, and members of the public to disclose any improper conduct within Prokhas whereby protection for the Person making the disclosure will be provided.

Improper Business Conduct

A disclosure on improper business conduct may be made if the Whistleblower has reasonable belief that the alleged wrongdoers has engaged or is prepared to engage in prohibited conduct as defined below.

The scope of improper business conduct to be disclosed under the policy is defined as follows:

  • Criminal offence such as corruption, fraud, bribery, theft and blackmail;
  • Harassment and intimidation;
  • Conflict of Interest and potential abuse of position for personal gain;
  • Regulatory breaches and breaches of legal obligations including breach of Malaysian Anti-Corruption Commission Act 2009 (Act 694) and any amendments thereto;
  • Breach of Prokhas Code of Business Ethics and Board of Directors Code of Ethics;
  • Breach of Prokhas Confidentiality Manual;
  • Misuse of the Company’s assets;
  • An act which may create significant impact of danger to the safety and lives of the public and environment in the course of executing his duties as an employee;
  • Any concealment or attempt to conceal malpractices.
  • Breach of Anti-Bribery & Corruption Policy

Procedure for Reporting Improper Business Conduct

Disclosure of Improper Business Conduct can be made via Prokhas’ Whistleblowing Form. click here

Subject Person Escalated Designated Recipient
Non-Clerical 2 to Senior General Manager Chief Operating Officer (“COO”)
Chief Operating Officer Chief Executive Officer (“CEO”)
CEO and Board Members (including Board Chairman) Board Audit and Risk Committee (“BARC”) Chairman
BARC Chairman Board Chairman

Escalated Whistleblowing Form on Improper Business Conduct are encrypted.

In order to carry out an investigation, details and information on the Improper Business Conduct made by the Whistleblower as itemised in the Whistleblowing Form should be disclosed. The Whistleblower is encouraged to disclose his/her personal details (which will be kept confidential).

The Whistleblower who made the disclosure will receive a confirmation of receipt within 2 working days.

A Whistleblower may come forward with any information or documents that they reasonably believe in and disclose a wrongdoing, which is likely to happen, is being committed or has been committed. The Whistleblower is not expected to obtain substantial evidence of proof beyond reasonable doubt when making a disclosure.

Anonymous disclosure will be entertained provided that the information and evidence received are sufficient and not frivolous. However, no protection will be given to anonymous Whistleblower. In the event the identity of the anonymous informant is subsequently uncovered and the disclosure is made in good faith, the Whistleblower Protection will apply in accordance with the Prokhas’ Whistleblowing Policy.

Handling the Reporting of Improper Business Conduct

The Designated Recipient will determine the validity of the case based on basic investigation.

All improper business conduct reports received by Chairman of the Board, Chairman of the BARC and CEO, once validity is determined, will involve external investigation following which decision will be made at Board level.

Save for anonymous disclosures, Whistleblowers will be informed by the Company on the outcome of the investigation and action taken provided overriding legal or public interest have been considered and addressed. Any action taken against the Subject Person Escalated as a consequence of the findings of the investigation may be personal and confidential in which case it cannot be disclosed.

Protection to Whistleblower

Provided that the disclosure is made in good faith, the identity of the Whistleblower would be kept confidential unless the information is required by law or any statutory authority; and it is necessary for the purpose of conducting a competent investigation strictly on a “need to know” basis.

The Whistleblower will be protected against victimisation, retribution or retaliation by the Subject Person Escalated as a result of the disclosure. Such protection is accorded even if the investigation later proves the Whistleblower to be mistaken provided that the disclosure is made in good faith.

The Whistleblower may be advised to report the matter to Malaysian Anti-Corruption Commission (“MACC”) where necessary or any other enforcement agencies. Whistleblowers who report directly to MACC are protected under the MACC Act 2009, as well as the Whistleblower Protection Act 2010.