KUALA LUMPUR, Aug 11 — When those tasked with upholding the law break it themselves, who ensures they are brought to justice?
As enforcement agencies operate with increasing autonomy and authority, the line between protector and perpetrator blurs in the face of misconduct.
Thankfully, we have the Enforcement Agency Integrity Commission (EAIC) — a federal statutory body — established in 2011 to hold enforcement officers accountable for their transgression.
But first, what is the definition of misconduct of enforcement officers and enforcement agencies?
According to subsection 24(1) of the EAIC Act or Act 700, it is defined as any act by an enforcement officer contrary to existing laws, unreasonable, irrelevant or improperly discriminatory; inaction or non-compliant of existing standard operating procedure or criminal in nature.
Per Act 700, the jurisdiction of the EAIC in carrying out its primary functions among others, are namely:
- Receiving and investigating any public complaints of misconduct
- Referring any complaints of a disciplinary nature to the relevant Disciplinary Authority or of a criminal nature to the Public Prosecutor
- Carrying out full investigations on valid complaints of misconduct to verify the existence of such misconduct
The supervised federal enforcement agencies as stipulated in Act 700 are:
- National Anti-Drugs Agency
- Malaysian Maritime Enforcement Agency
- Department of Environment
- Immigration Department of Malaysia
- Royal Customs Department of Malaysia
- Department of Occupational Safety & Health
- National Registration Department
- Road Transport Department
- Department of Industrial Relations Malaysia
- Fisheries Department
- Department of Wildlife and National Parks
- Volunteers Department of Malaysia (Rela)
- Department of Labour
- Health Ministry (Enforcement Division)
- Tourism, Arts and Culture Ministry (Tourism Licensing Division)
- Domestic Trade and Costs of Living Ministry (Enforcement Division)
- Housing and Local Government Ministry (Enforcement Division)
- Commercial Vehicles Licensing Board (Sabah)
- Commercial Vehicles Licensing Board (Sarawak)
- Registrar of Business
- Civil Aviation Authority of Malaysia (CAAM)
Note: The Royal Malaysia Police (PDRM) was removed from the list after the Independent Police Conduct Commission (IPCC) came into force in 2023.
According to the latest published data, the EAIC recorded a total of 289 complaints as of July this year.
For 2023 and 2024, a total of 600 and 408 complaints were lodged respectively.
