COMMISSION

TYPES OF COMMISSIONo There are 2 types of commission:

i. Permanent Commission

ii. Non-permanent Commission/ Special Commission

o Permanent Commission:

1. Service Commissions

2. Election Commission

3. Human Rights Commission of Malaysia (SUHAKAM)

THE OBJECTIVESo To have agencies that move freely and carry

out duties objectively, fairly and justly.o To ensure the fairness be practiced in staffs

recruitment for Service Commissions.o To convince both candidates and voters in

certain elections for Election Commission.o To investigate sensitive matters with true

objective and fair operation for Special Commissions.

1. SERVICE COMMISSIONS

o There are 5 Service Commissions that have been established by the Constitution:

A. Public Service Commission

B. Education Service Commission

C. Judiciary and Law Service Commission

D. Police Service Commission

E. Armed Force Council

A. PUBLIC SERVICE COMMISSION

o Established through Article 139 Federal Constitution.

o Members are appointed by YDPA after discussing with Council of Rulers and on the advice of Prime Minister.

o Can be divided into 3 categories:i. Federal Public Service Commissionii. State Public Service Commissioniii. Branch of Federal Public Service

Commission

o The functions:i. Responsible for the appointment in public

serviceii. Responsible to confirm positions in public

serviceiii. Responsible for the permanent shift of its

staffs from one position to another position.iv. Responsible to take discipline action

towards the staffs

B. EDUCATION SERVICE COMMISSIONo Established in 1973 through Article 141A Federal

Constitution.o Members are appointed by YDPA after discussing with

Council of Rulers and on the advice of Prime Minister.o Members are consisted of a Chairman, a Vice

Chairman, and between 4 to 8 other members.o Main functions:i. Responsible for the appointment of teachers in

education service.ii. Responsible for placing teachers known as Education

Service Officer into several categories based on their qualifications and specialties.

o Other functions are same with that of Public Service Commission except the jurisdiction covers only education field.

C.JUDICIARY AND LAW SERVICE COMMISSION

o Established in 1957 which covers all law and judiciary members.

o Members are appointed by the YDPA after discussing with Chief Justice.

o The members are consisted of:i. Commission Chairman which is also the Chairman of

Public Service Commission.ii. Attorney General (if he is a Parliament Member or is

not from Judiciary and Law Service Commission - will be replaced by Prosecutor)

iii. A member or several other members that work in jurisdiction and judiciary field or ex-judge.

iv. This commission secretary is also the Secretary of Public Service Commission.

o The functions of this commission are same as the functions of Public Service Commission except its jurisdiction covers judiciary and law only.

D. POLICE SERVICE COMMISSION

o Has jurisdiction over all members of Malaysia Royal Police Force.

o Members of commission:i. A commission Chairman who at the same time

is Minister of Internal Security.ii. Inspector General Police (IGP)iii. Secretary General of Ministry of Home Affairsiv. One of Public Service Commission members

appointed by YDPAv. 2 to 6 other members appointed by YDPA.

o The post of Inspector General Police and Deputy Inspector General Police are appointed by the YDPA after consultation with the Prime Minister.

o The functions and responsibilities:i. Responsible for appointing, confirming and locating

staffs to permanent and pension scheme.ii. Responsible for promoting, shifting and implementing

discipline control over police force members.iii. Executes job scope organisation and implementation

method.iv. Provides negotiation platform with other people from

outside police force.

E. ARMED FORCE COUNCILo Armed Force Council is part of Service Commission.

o This Council is under the command of YDPA in terms of command, discipline and administration of all matters regarding armed force.

o The members are:i. A council Chairman cum Minister of Defenceii. A member who represents YDPA appointed by Council of

Rulersiii. Army Chief Commander appointed by the YDPAiv. Secretary General of Ministry of Defencev. 2 senior officers of Federal Armed Force appointed by

YDPA.vi. A senior officer each from Federal Navy Force and

Federal Air Force appointed by the YDPA.vii. 2 other members whether armies or public members

appointed by the YDPA.

2. ELECTION COMMISSIONo The YDPA is responsible for appointing the members of

Election Members.o Election Commission that is appointed must obtain trust

from the people.o Members of Election Commission can continuously hold

their posts up to 65 years old.o The dismissal of the members only can be done through

the same way with the dismissal of a judge.o The members can be dismissed by the YDPA based on

following circumstances:i. Declared as bankruptii. Holding any position that pays salary iii. Be a member of House of Representatives or the Senate or

State Legislative Assemblyiv. The Chairman of Election Commission can be dismissed if

he is found to be member of Board of Directors whether receives pay or not.

o The members are:i. A Chairmanii. A Deputy Chairmaniii. A Secretaryiv. A Deputy Secretaryv. A Chief Deputy Secretaryvi. 2 other memberso The main functions of Election Commission:i. To register voter’s name every yearii. To recheck voters’ registration in all constituenciesiii. To organize general and by-electioniv. To study Parliament and State constituencies in every 8

to 10 years.v. To draw up certain rules and regulations.

3.HUMAN RIGHTS COMMISSION OF MALAYSIA

o Established in 1999 under Human Rights Commission of Malaysia Act in order to inculcate the awareness of human rights among people.

o The establishment began when Malaysia involved actively in United Nations Commission for Human Rights (UNCHR) in 1993-95.

o Malaysia has been appointed as member of UNCHR in 1993.

o In 1995, Tan Sri Dato’ Musa Bin Hitam was appointed as the Chairman of the 52nd session of UNCHR.

o In April 2000, Malaysian Government announced the appointment of the first Human Rights Commission of Malaysia that is Tan Sri Dato’ Musa Bin Hitam and 12 commission members.

o Human Rights Commission of Malaysia Act 1999 allows the appointment up to 20 members for 2 years.

o Main reasons behind the formation:i. Malaysia active involvement in UNCHR and United

Nations.ii. The increase of international attention towards human

rights issue.iii. Malaysian people getting alert about political progress

and their rights.o Main functions:i. Cultivate awareness and provide education about

human rightsii. Advise and assist the government in formulating

jurisprudence and administrative procedures, and also suggest actions that should be taken.

iii. Investigate complaints regarding the contravention of human rights.

TAN SRI ABU TALIB OTHMAN

CHAIRMAN OF SUHAKAM

NON-PERMANENT/SPECIAL COMMISSION

o Special Commission is a free body that is established by the government, usually in temporary form to study certain matters or problems and give declarations to the government for the solutions.

o The members are appointed by the YDPA.o Among Special Commissions that have been formed:

i. Harun’s Pay Commission 1972

ii. Royal Commission Regarding Pay and Service Conditions for Local Authority and Corporation Authority 1973

iii. Special Commission to Upgrade the Running and Management of Malaysia Royal Police 2004