- The EAIC says misconduct in enforcement agencies persists due to legislative weaknesses that limit its powers to mere recommendations without enforcement authority.
- A culture of complacency and top-level officials protecting wrongdoers has normalised misconduct, undermining accountability and effective disciplinary action.
- The commission urges a legal overhaul to give its findings binding power and stresses the need for leadership courage to enforce discipline at all levels.
KUALA LUMPUR, Aug 11 — An old Chinese proverb says: “A fish rots from the head.”
The adage still holds true today, encapsulating the challenges faced by the federal government’s watchdog — the Enforcement Agency Integrity Commission (EAIC) — in performing its statutory duties effectively.
Speaking to Malay Mail, EAIC commissioner Datuk Seri Razali Ab Malik conceded the existence of a large gap between the agency’s investigative findings and follow-up action taken by an enforcement agency under its supervision against reported misconduct.
Existing legislative weakness has also exacerbated existing hurdles, since disciplinary authorities of enforcement agencies under EAIC’s supervision are not legally bound to execute its official recommendations.
“Yes, it is true we faced several persisting challenges because if you look at our EAIC Act, the commission can only make recommendations despite having investigative powers [to probe any complaints].
In the Act, also called Act 700, EAIC may only make recommendations pertaining to disciplinary actions, reviewing of standard operating procedures and internal structure improvements after a complaint is found to be substantiated.
“However, the execution of the recommendation [after an investigation is completed] and final decision is still vested with the respective agencies or ministries of which a complaint of misconduct has been filed against.
Nevertheless, Razali said none is more detrimental than institutional weakness, such as “enablers” at the top normalising misconducts and cultivating a tidak apa attitude — or “couldn’t care less” — among subordinates.
“We have always stressed that continued sternness is key to nurturing a culture of accountability.
“This must come from the top, department senior officials who should serve as guardians of values, yet some chose to protect wrongdoers instead and make it a norm for misconducts to take place,” he said.
Razali then disclosed several instances where enforcement agencies took on a dismissive approach instead, either by imposing a more lenient punishment than recommended or even expressing outright refusal to execute.
“For example, we recommend a termination, but instead the wrongdoer is served with a warning instead or no further action taken against them.
“This has led to EAIC being often seen as ineffective despite having conducted a thorough investigation after acting on a substantiated complaint,” he said.
EAIC commissioner Datuk Seri Razali Ab Malik speaks to Malay Mail during an interview at the EAIC head office in Putrajaya. — Picture by Yusof Isa
A tiger without its fangs, for now
Razali said there are still rooms for improvement to ensure EAIC effectively performs its role, starting with a thorough review of the existing Act to further strengthen the enforcement of its recommendations.
“Foremost, our recommendation should not remain as mere suggestion but has to be followed with a stern and systematic action,” he said.
“We are also suggesting that any conducted investigations can be used as part of the official evidence in any disciplinary action when a referral is made.
“The existing Act must also be harmonised with other existing laws in order for disciplinary authorities to make use of our findings without legal hurdles,” he added.
Most importantly, Razali said the willpower and courage to take action against any form of misconduct must be instilled on all levels, from the top to bottom.
Citing an internal circular dated July 5, 2024, issued by the Director-General of Public Service, Razali said it was clearly stated any senior officials failing to take action against any misconduct by their subordinates can be punished with disciplinary action for being careless.
“Misconduct will continue to happen not because of the absence of law, but because there is no longer courage to address them.
“It is possible the lack of assertiveness in disciplinary enforcement has fostered a permissive culture where misconduct is considered negotiable or excusable,” he said.
