COMMISSION

TYPES OF COMMISSION
o 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 OBJECTIVES
o 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 Commission ii. State Public Service Commission iii. Branch of Federal Public Service Commission

o The functions: i. Responsible for the appointment in public service ii. Responsible to confirm positions in public service iii. 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 COMMISSION

o o o o i. ii. o Established in 1973 through Article 141A Federal Constitution. Members are appointed by YDPA after discussing with Council of Rulers and on the advice of Prime Minister. Members are consisted of a Chairman, a Vice Chairman, and between 4 to 8 other members. Main functions: Responsible for the appointment of teachers in education service. Responsible for placing teachers known as Education Service Officer into several categories based on their qualifications and specialties. Other functions are same with that of Public Service Commission except the jurisdiction covers only education field.

C.JUDICIARY AND LAW SERVICE COMMISSION

o o Established in 1957 which covers all law and judiciary members. Members are appointed by the YDPA after discussing with Chief Justice. The members are consisted of: Commission Chairman which is also the Chairman of Public Service Commission. Attorney General (if he is a Parliament Member or is not from Judiciary and Law Service Commission will be replaced by Prosecutor) A member or several other members that work in jurisdiction and judiciary field or ex-judge. This commission secretary is also the Secretary of Public Service Commission. The functions of this commission are same as the functions of Public Service Commission except its jurisdiction covers judiciary and law only.

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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 Affairs iv. One of Public Service Commission members appointed by YDPA v. 2 to 6 other members appointed by YDPA.

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The post of Inspector General Police and Deputy Inspector General Police are appointed by the YDPA after consultation with the Prime Minister. The functions and responsibilities: Responsible for appointing, confirming and locating staffs to permanent and pension scheme. Responsible for promoting, shifting and implementing discipline control over police force members. Executes job scope organisation and implementation method. Provides negotiation platform with other people from outside police force.

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Armed Force Council is part of Service Commission. 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 Defence ii. A member who represents YDPA appointed by Council of Rulers iii. Army Chief Commander appointed by the YDPA iv. Secretary General of Ministry of Defence v. 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.

E. ARMED FORCE COUNCIL

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 bankrupt ii. Holding any position that pays salary iii. Be a member of House of Representatives or the Senate or State Legislative Assembly iv. The Chairman of Election Commission can be dismissed if he is found to be member of Board of Directors whether receives pay or not.

2. ELECTION COMMISSION

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The members are: A Chairman A Deputy Chairman A Secretary A Deputy Secretary A Chief Deputy Secretary 2 other members The main functions of Election Commission: To register voters name every year To recheck voters registration in all constituencies To organize general and by-election To study Parliament and State constituencies in every 8 to 10 years. 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.

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Main reasons behind the formation: Malaysia active involvement in UNCHR and United Nations. The increase of international attention towards human rights issue. Malaysian people getting alert about political progress and their rights. Main functions: Cultivate awareness and provide education about human rights Advise and assist the government in formulating jurisprudence and administrative procedures, and also suggest actions that should be taken. 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. The members are appointed by the YDPA. Among Special Commissions that have been formed: Haruns Pay Commission 1972 Royal Commission Regarding Pay and Service Conditions for Local Authority and Corporation Authority 1973 Special Commission to Upgrade the Running and Management of Malaysia Royal Police 2004

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