Topic 3 main components of the malaysian government system

INTRODUCTION In this topic, you will learn how the Malaysian government is administered through certain bodies. You will be introduced to the functions and roles of the Yang di-Pertuan Agong and the Council of Rulers in the upholding of the

TTooppiicc 33 Main Components of the Malaysian Government System

LEARNING OUTCOMES By the end of this topic, you should be able to:

1. List the functions and roles of the Head of State, which is the Seri Paduka Baginda Yang di‐Pertuan Agong;

2. Identify the duties of the Council of Rulers in matters relating to national administrative policies;

3. Discuss the functions of the Executive, Legislative and Judiciary bodies in Malaysia;

4. List the functions and responsibilities of the Cabinet system as well as the ministries it encompasses;

5. Relate the roles of the statutory bodies to the success of the administration and development of the nation; and

6. Discuss the necessity for a commission to function in order to smoothen the country's administrative machinery.

TOPIC 3 MAIN COMPONENTS OF THE MALAYSIAN GOVERNMENT SYSTEM 45

sovereignty of law and administration of the country in general. This topic will also explain the functions of the Executive, Legislative and Judiciary bodies. You will explore their respective schedule of duties and the relationship between the three bodies. The administrative machinery generally, is headed by the Prime MinisterÊs Department and supported by the ministries, government agencies, statutory bodies and commissions. Thus, we will examine the functions and responsibilities of all the components of the administrative machinery and observe the links between the entire machinery. You would surely come to understand the necessity for the machinery to operate smoothly to ensure the rapid development of the country.

COUNCIL OF RULERS AND THE YANG DIPERTUAN AGONG

3.1

The Council of Rulers is an official body with the highest status in the country. The body comprises all nine Sultans or Kings and the four Governors or Yang di-Pertua Negeri. The Council does not possess legislative and governing powers but has strong influence and plays an important role in the country. The official members of the Council are the Heads of the eleven respective States. Attendance in the Council can be represented by the Raja Muda of a particular state if the stateÊs constitution allows. Among the schedules of duties of the Council of Rulers are:

(a) Electing the Yang di-Pertuan Agong and Deputy;

(b) Agreeing or disagreeing to issues relating to cultures and customs of Islam for the entire Federation of Malaya, excluding Sabah and Sarawak.

(c) Giving consent or not consenting to any legislation passed or giving advice on the election of any position that requires the consent of the Council of Rulers.

(d) Proposing national policies and any matters deemed necessary for the development of the country.

The Council of Rulers has a special body that functions to preserve the special rights of the Malays. Should any issue occur to bring about changes to the special position held by the Malays, the issue of interest must first be discussed with the Council. Other than that, the Council must also be consulted before the following appointments are made by the Yang Dipertuan Agong, based on Prime MinisterÊs advice:

(i) Appointment of Chief Justice, two Chief Judges and Federal Court Judges, as well as two High Court Judges;


(ii) Appointment of Auditor-General; and

(iii) Appointment of members to independent commissions such as the Public Service Commission and Elections Commission.

In carrying out its duties, the Council of Rulers has, at its discretion, powers to:

• Elect or remove the Yang di-Pertuan Agong and Deputy;

• Give advice on any appointments;

• Consent or not consent to any legislation that would alter the boundaries of a state as well as touch on the special rights, position and the nobility and standing of the Rulers; and

• Consent or not consent so that any actions, practices or rituals of the Islam religion encompass the entire Peninsular of Malaysia.

You already know that according to the Federal Constitution, the Yang di-Pertuan Agong is the Head of State. Though the Yang di-Pertuan Agong is the main component in the Parliament of Malaysia, His Highness does not have to attend all seatings of Parliament, except during the official opening of the new term of Parliament, where His Highness functions to officiate the Parliamentary session. As the Head of State, His Highness enjoys certain privileges. His Highness cannot be prosecuted in any court of law. The Yang di-Pertuan Agong is a Ruler elected according to turn by the Council of Rulers and this is enshrined in the Federal Constitution. The title Yang di-Pertuan Agong is the official title for the Head of State of Malaysia. The full honorific title is Seri Paduka Baginda Yang di-Pertuan Agong. The post of Yang di-Pertuan Agong was created as a result of the suggestion by the Reid Commission, which drafted the Federal Constitution. Suggestions for the position of Yang Dipertuan Agong arose as a result of opposition to the forming of the Malayan Union, which was seen as an attempt to remove the institution of Malay Rulers. The five-year rotation system for the post of Yang Dipertuan Agong is considered unique. This is because it combines feudal traditions based on lineage with the modern concept based on the constitution. Malaysia is the only country in the world that practises the system of rotation for its Head of State. The system of rotation is a privilege given to Malay rulers from the states formerly known as the Federated States and Unfederated States of Malaya. The Federated States comprised Perak, Negeri Sembilan, Selangor and Pahang. The Unfederated States were Perlis, Kedah, Kelantan, Terengganu and Johor. Heads of the states not belonging to either group cannot be elected to become the Yang Dipertuan Agong, as the states do not have Rulers.


On August 1957, after selecting the title Yang di-Pertuan Agong and rejecting the title Yang Dipertuan Besar which had been earlier suggested, the Council of Rulers convened to vote for the first Yang Dipertuan Agong. After the first cycle of nine Yang di-Pertuan Agongs (1957-1994), the order of Rulers to assume the position is according to the rotation used previously, which was:

• Negeri Sembilan

• Selangor

• Perlis

• Terengganu

• Kedah

• Kelantan

• Pahang

• Johor

• Perak Let us now view the selection criteria of the Yang di-Pertuan Agong. Each Malay Ruler is entitled to be elected as the Yang Dipertuan Agong unless the Ruler:

• Does not meet the age requirement;

• Rejects being elected Yang di-Pertuan Agong; and

• Intends to be exempted due to medical reasons. In the context of the rotation system, the Ruler highest on the list would be offered the post of Yang di-Pertuan Agong. His Highness would hold the position for five years. However, there is an exception, whereby His Highness can step down or be stripped of the position before the term expires. The following are the methods in electing the Yang di-Pertuan Agong:

• Only Rulers may be elected. However, selection is done based on seniority;

• Only Rulers may vote. Non-royal members of the Council of Rulers, i.e. the Governors, do not attend the meeting to elect the Yang di-Pertuan Agong;

• Selection is based on rotation. The Ruler of a state cannot be elected twice in the same rotation; and

• A Sultan or Ruler may appoint another party from His HighnessÊ state as a proxy to represent His Highness.

You should understand that the monarchy, as well as the related customs and traditions have long existed in Malaya, while the institution of the Yang di-Pertuan Agong has only been in practice since independence.


Rulers who have been elected to be the Yang di-Pertuan Agong are:

1. Tuanku Abdul Rahman Ibni Almarhum Tuanku Muhammad of Negeri Sembilan, born in 1895, ruled from 1957 to 1960, died on the throne on 1 April 1960.

2. Sultan Hisamuddin Alam Shah al-Haj Ibni Almarhum Sultan Alaeddin Sulaiman Syah of Selangor, born in 1898, ruled in 1960, died on the throne on 1 September 1960.

3. Tuanku Syed Putra Ibni Almarhum Syed Hassan Jamalullail of Perlis, born in 1920, ruled from 1960 to 1965, died in 2000.

4. Sultan Ismail Nasiruddin Shah Ibni Almarhum Sultan Zainal Abidin III of Terengganu, born in 1907, ruled from 1965 to 1970, died in 1979.

5. Tuanku al-Mutassimu Billahi Muhibuddin Sultan Abdul Halim Al-Muadzam Shah Ibni Almarhum Sultan Badlishah of Kedah, born 1924, ruled from 1970 to 1975.

6. Sultan Yahya Petra Ibni Almarhum Sultan Ibrahim Petra of Kelantan, born in 1917, ruled from 1975 to 1979, died on the throne on 29 March 1979.

7. Sultan Haji Ahmad Shah al-Mustain Billah Ibni Almarhum Sultan Sir Abu Bakar Ritauddin AL Muadzam Syah of Pahang, born in 1930, ruled from 1979 to 1984.

8. His Highness Almutawakkil Alallah Sultan Iskandar al Haj Ibni Almarhum Sultan Ismail of Johor, born in 1932, ruled from 1984 to 1989.

9. Sultan Azlan Mahubuddin Shah Ibni Almarhum Sultan Yusuff Izzudin Shah Ghafarullahu-lahu of Perak, born in 1928, ruled from 1989 to 1994.

10. Tuanku Jaafar Ibni Almarhum Tuanku Anbdul Rahman of Negeri Sembilan, born in 1922, ruled from 1994 to 1999.

11. Sultan Salahuddin Abdul Aziz Shah Ibni Almarhum Sultan Hisamuddin Alam Shah al-haj of Selangor, born in 1922, ruled from 1999- to 2001, died on the throne on 4 December 2001.

12. Tuanku Syed Sirajuddin Ibni Almarhum Tuanku Syed Putra Jamalullail of Perlis, born in 1943, ruled from 2001 to 2006.

13. Tuanku Mizan Zainal Abidin Ibni Almarhum Sultan Mahmud Al-Muktafi Billah Shah, born in 1962, ruled from 2006.


From the point of administration of the country, there are three bodies that have separate powers. Do you know what those bodies are? The bodies are:

Executive

Legislative

Judiciary The separation of powers between the three bodies is undertaken to ensure there is no accumulation of power in any one body. This is what is meant by the doctrine of Separation of Powers. This idea was put forward by Montesqieu, a French literature and law philosopher in the 18th century. The Doctrine of Separation of Powers is aimed to prevent any party from possessing absolute power, which would lead to abuse (see Figure 3.1). The Yang di-Pertuan Agong, as the Head of State, helms all three bodies.

Figure 3.1: Chart representing the Separation of Powers in Malaysia

What are the methods used in the selection of the Yang di-Pertuan Agong? Discuss the actions taken should a Ruler reject this position.

SELF-CHECK 3.1


EXECUTIVE BODY 3.2

The executive body is led by the Prime Minister who is appointed by the Yang di-Pertuan Agong. The Prime Minister, in turn, leads the government (Cabinet) and also the party that holds the majority in Parliament. From the aspect of the Constitution, the executive power is vested in the Yang di-Pertuan Agong. This means that all government matters are carried out in the name of His Highness. The Constitution makes provision that in carrying out executive duties, His Highness is required to act based on the advice of the Cabinet of Ministers, or on the advice of a Minister empowered by the Cabinet. To refresh your memory, His Highness Âacts on discretionÊ when taking action without the advice of the Cabinet. This issue occurred in 1986 and led to what is known as the Constitutional Crisis.

3.2.1 Cabinet of Ministers

The Cabinet of Ministers is a body that carries out the executive duties held by the Yang di-Pertuan Agong. Cabinet policies are duties exercised by the governmentÊs administrative machinery at the Federal or Central Government levels. The Cabinet is headed by the Prime Minister and consists of Ministers with certain portfolios. They are collectively responsible in all decisions made by the Cabinet. As the Cabinet is the highest authority in the country responsible for forming government policies, hence there are several Permanent Committees which have been set up. These committees are chaired and consist of the relevant Ministers. Apart from the committees, there are various councils formed to streamline the administration of the country, i.e.:

(a) National Land Council

(b) National Council for Local Governments

(c) National Finance Council

(d) Armed Forces Council


All the Councils are chaired by Ministers responsible for the respective portfolios. All the councils above are provided for in the Federal Constitution. There are other councils formed by the government to smoothen the functioning of the administration such as:

(i) National Action Council

(ii) National Economic Council

(iii) National Security Council The National Action Council is the highest administrative council. It was formed to streamline the execution of all government plans and development projects. All Cabinet Ministers are required to attend the Council. The National Economic Council is tasked with specific responsibilities towards the aspect of the national economy, while the National Security Council acts to coordinate duties related to the security of the country. We will further discuss on the Cabinet System and Ministries in Topic 5 later.

3.2.2 Prime Minister

The Prime Minister is the head of the Cabinet. He has the power to nominate whom ever to be appointed by the Yang di-Pertuan Agong to the Cabinet. Generally, who ever appointed to be part of the Cabinet of Ministers can be, in the opinion of the Prime Minister, cooperative and supportive of the Prime Minister. In conclusion, the actual power of governance lies in the hands of the Prime Minister whose advice must be accepted by His Highness the Yang Di-pertuan Agong.

3.2.3 Legislative Body

Legislation refers to laws legislated by the special body responsible from the aspect of the Constitution. The primary function of the legislative is to legislate, amend or repeal laws in accordance with the wishes of the body. The legislative power in Malaysia is determined in the Constitution of the Federation of Malaysia. The legislation of laws in legislative form in carried out by the Parliament of Malaysia at the federal level, and the State Legislative Assembly at the state level. The Federal and State legislative bodies are not supreme. Both the bodies can legislate laws on boundaries which are determined by the Federal Constitution and State Constitution. Legislative matters are divided among the two bodies. Whereas, the Parliament of Malaysia creates laws.


Laws created before Independence continue to be enforced in the country until they are amended or annulled by the respective bodies. To date many amendments and annulments have been made. Article 44 Topic 4, Section 4 of the Federal Constitution make provision for the federal legislative powers to be placed with the Parliament, which comprises the Yang di-Pertuan Agong, Dewan Negara and Dewan Rakyat.

3.2.4 Dewan Negara

Membership of the Dewan Negara is provided in the Federal Constitution under Section 4, Topic 4 Article 45. This provision states that the Dewan Negara has 70 members known as Senators. Of this number, 44 are appointed by the Yang di-Pertuan Agong and 26 elected by the State Legislative Assemblies of the 13 states (2 representatives per state). The term of a Senator lasts 3 years and a senator cannot hold the post for more than two terms. To qualify as a senator, a candidate has to fulfil the following requirements:

(a) Citizen of Malaysia

(b) Aged 30 and above

(c) Of sound mind

(d) No criminal record

3.2.5 Dewan Rakyat

Membership of the Dewan Rakyat is provided in the Federal Constitution under Section 4, Topic 4 Article 46. This provision states that the Dewan Rakyat has 222 members known as Members of Parliament. 209 of the members of Parliament are from the states in Malaysia, 11 from the Federal Territory of Kuala Lumpur, and one each from the Federal Territories of Labuan and Putrajaya respectively. The age of a member of Parliament must be 21 years and above. Among the requirements to be a member of the Dewan Rakyat are:

(a) Citizen of Malaysia

(b) Not less than 21 years of age

(c) Of sound mind

(d) Not bankrupt


(e) No criminal record

(f) To submit expenses statement for Parliamentary elections for a stipulated period of time, which is 33 days from the date of the announcement of election results

3.2.6 Function and Powers of Parliament

Legislatively, the Parliament has the power to create laws, as provided in the Federal Constitution under Articles 66-68, Section 4 Topic 5. Among the functions of the Parliament are:

(a) Legislative powers, that is, the authority to create, amend or annul laws.

(b) Create new or additional taxes, or annul any tax.

(c) Approve the national budget for each year.

Figure 3.2: The Parliament building

The Parliament (Figure 3.2) is a legislative body for the Federal government, and forms laws that can be enforced throughout the country. The Parliament approves federal laws, amends existing federal laws, examines government policies, approves government budget and approves new tax revenues. The Parliament is also a forum for criticism and a focus for public opinions on national issues. To enable the Parliament to carry out its functions fully and


efficiently, the Constitution makes provision for several privileges and immunities termed ÂParliamentary Members PrivilegeÊ in the Dewan. These privileges wholly extend to both chambers, and are for Members of Parliament individually. Both chambers have the authority to legislate their respective procedures, have absolute power on respective proceedings, and these powers cannot be challenged in any court of law. The chambers can penalise any acts that violate the privileges or are in contempt in the Dewan. Members of Parliament are exempt from both criminal and civil legal actions for whatever that is said in the Dewan, and exemption is extended to whomever who acts for the Dewan.

SELF-CHECK 3.2

Fill up the table with the relevant information on the requirements to be a member of the Dewan Rakyat and Dewan Negara.

Member of Dewan Negara Member of Dewan Rakyat

Similarities

Differences

3.2.7 Process of Making Laws in Parliament

The Parliament has the power to make laws through the Dewan Rakyat and Dewan Negara, approving bills which are consented by the Yang di-Pertuan Agong. All draft laws have to be initiated in either Parliamentary chamber, the exception being bills on finance which must be initiated in the Dewan Rakyat. Each bill approved by a chamber of Parliament must undergo four stages before being approved:

(a) First Reading

(b) Second Reading

(c) Discussion at Committee Level

(d) Third Reading


After the bill undergoes the four stages in the Dewan Rakyat, it will be presented to the Dewan Negara. If approved, it is then presented to the Yang di-Pertuan Agong. The draft law then becomes a law or act after receiving consent from the Yang di-Pertuan Agong, and His Highness will use the Great Royal Seal. After that, the draft law will be presented as a law in the Government Gazette. If a bill does not receive the consent of His Highness, it must be debated again in the Dewan Rakyat and presented to His Highness for the second time. If consent is still not given, Article 66 in the Federal Constitution provides that in the subsequent 30 days, the bill will considered as been given consent by His Highness.

ACTIVITY 4.1

JUDICIARY 3.3

The judiciary is a body of judges in a constitutional system. Judges are given the power to interpret and execute the law with the authority vested in them. This power is enshrined in the Federal Constitution of Malaysia. In the liberal democratic system practised in our country, the judiciary is the third branch of the government in the balance of power. To carry out all the judicial functions, the Federal Constitution makes provision for the creation of a system of courts. Courts wield great power in the executive and legislative bodies because they:

(a) Have the power to interpret the constitution of the country;

(b) Interpret a certain law;

(c) Declare a written law of the Federation or of a state; and

(d) Declare the actions of the government to be illegal. Laws made by judges and the executive are interlinked in the philosophy of law. Here, the executive makes or legislates laws and the courts implement these laws, if properly legislated. The courts can interpret certain parts of the law (act, enactment or ordinance) to be illegal for being against its sphere of power. However, the courts cannot amend laws as the power to amend laws is under the jurisdiction of the executive or Parliament only.

3.3.1 Judicial Authority in Malaysia

Judicial authority for the judiciary body in Malaysia is provided for in Article 121 (1) of the Federal Constitution. The functions of the judiciary are stated in Articles 121-131 (A). To implement judicial duties in the country, the system of courts was created. The courts also have powers in the legislative and executive matters.


3.3.2 Independence of the Judiciary

The independence of the judiciary system can be seen from the following:

(a) A judge (Federal Court Judge or High Court Judge), after being appointed by the Yang di-Pertuan Agong, cannot be stripped of the post before reaching retirement age, which is 65 years. The exception applies for poor conduct judge, or being unable to carry out duties due to sickness or other reasons that can affect duties. Dismissal from post has to be recommended by a tribunal (on advice by the Prime Minister) which is appointed by the Yang di-Pertuan Agong. The tribunal contains five or more judges who are either retired or hold positions in Malaysia or other Commonwealth countries.

(b) The salary of a judge is provided for by the Parliament and it has to be paid to the Unified Fund.

(c) The salary and other conditions of the post cannot be altered.

(d) The conduct of a judge cannot be discussed in any chamber of Parliament, unless put forward by not less than one fourth of the Dewan Rakyat or Dewan Negara members. Figure 3.3 illustrates the judicial system in Malaysia.

Figure 3.3: Judicial system in Malaysia


3.3.3 Appointment of Judges

Judges are appointed by the Yang di-Pertuan Agong upon conferring with the Council of Rulers and with advice from the Prime Minister. Before appointing a judge, the Prime Minister also has to consult the Chief Justice. Regarding the appointment of the Chief Judge of Malaya, the Prime Minister has to consult two Chief Judges of the High Court. When appointing the Chief Judge of Borneo, he has to consult the Chief Ministers of Sabah and Sarawak respectively. He also has to consult two Chief Judges when appointing a Federal Court judge; and for the appointment of a High Court Judge, he has to consult the Chief Judge of the related Court in addition to the Chief Justice. Sessions court judges are appointed by His Highness upon recommendation by the Chief Judges. First Class Magistrates for the Federal Territories are also appointed by His Highness. Meanwhile, for the other states, appointment is done by the respective Rulers or Governors upon recommendations from the Chief Judges. Second Class Magistrates for the Federal Territories are appointed by the Yang di-Pertuan Agong while for the states, they are elected by the Rulers or Governors without the involvement of the Chief Judges.

ACTIVITY 3.1

Courts have powers in the legislative and executive areas. Explain with examples how the courts can implement those related duties.

CABINET SYSTEM AND MINISTRIES 3.4

The Federal Government system in Malaysia is generally implemented by the executive known as the Cabinet. Did you know that this body comes under the executive powers of the Yang di-Pertuan Agong? This issue is cemented in Article 39 of the Federal Constitution which explains that the executive powers for the Federation of Malaya lies with the Yang di-Pertuan Agong. Article 43 also explains that the Yang di-Pertuan Agong has to appoint a Cabinet to advice His Highness in implementing his duties. In the context of Malaysia, the Cabinet is headed by a Prime Minister and consists of the other ministers. The Cabinet is formed by the party that obtains a majority in the Parliamentary general elections. The appointment of the Prime Minister, Ministers and Deputy Ministers has to be consented by the Yang di-Pertuan Agong. It should be mentioned that deputy ministers are not members of the Cabinet. Therefore deputy ministers do not attend the weekly ministerial meetings held on every Wednesday, usually in the Prime Minister's Department.


Each minister or cabinet member is collectively responsible for all meeting decisions. Therefore, members who disagree with or disobey a decision must relinquish his or her post. Let us examine the functions of the Malaysian Cabinet. Generally, the functions of the Malaysian Cabinet are to:

(a) Determine national policies;

(b) Administrate and implement tasks in accordance with the stipulated area of authority;

(c) Coordinate the system of administration of the country to be efficient and stable; and

(d) Find solutions to issues in the country affecting the peopleÊs interests.

The country's administrative machinery receives and implements all directives from the Cabinet. The machinery involves, among others, the Prime Minister's Department, ministries, public corporations, statutory bodies and commissions. Each one has a specific function to ensure the smooth operation of the country's administrative machinery.

ACTIVITY 3.2

Do you wish to know the nationÊs cabinet line-up? You can do so by surfing the following website: http://www.pmo.gov.my/ (Retrieved February 19, 2009) Discuss and share your opinions with your classmates.

3.4.1 Government Agencies

Government agencies are generally divided into two categories, which are:

(a) Central agencies; and

(b) Executive agencies. Each one has a specific function. For example the Central Agency functions to:

(i) Legislate economic policies and planning;

(ii) Determine the budget allocation; and

(iii) Coordinate, control and assist the executive agencies.


The executive agencies function to:

• Implement all government directives;

• Implement development projects; and

• Provide facilities and services for utilisation by public. You need to be aware that there are six central agencies in the administration of the government. Five are under the jurisdiction of the Prime MinisterÊs Department, while one is under the Ministry of Finance. The Central agencies under the Prime MinisterÊs department are:

• Public Service Department (JPA);

• Economic Planning Unit (EPU);

• Implementation Coordinating Unit (ICU);

• Socio-economic Research Unit (SERU); and

• Modernisation of Administration and Management Planning Unit of Malaysia (MAMPU).

3.4.2 The Agency under the Ministry of Finance is the Treasury

The Ministries, such as the Ministry of Higher Education, Ministry of Education, and the Ministry of Health function as the executive agencies. This role is also exercised by the departments, commissions and units in a ministry.

3.4.3 Prime Minister's Department

Among the 27 ministries formed to administrate the Federal Government, the Prime MinisterÊs Department is the most important ministry or department. The functions carried out by the Prime Minister's Department are to:

(a) Plan and coordinate all national policies; and

(b) Determine government policies and ensure their smooth and efficient operation through the ministries.

There are many important organisations or central government agencies under the jurisdiction of the Prime Minister's department. These include:

(i) National Planning Council


(ii) National Security Council

(iii) National Development Council

(iv) Attorney-GeneralÊs Department

(v) Auditor-GeneralÊs Department

(vi) Anti Corruption Agency

(vii) National Unity Department

(viii) Amanah Raya Berhad

(ix) National Islamic Affairs Council

(x) Legal Aid Bureau

3.4.4 National Planning Council

This council, formerly known as the National Economic Council, is chaired by the Prime Minister and consists of senior ministers. The main function of the council is to:

(a) Complete national economic development programmes; and

(b) Coordinate, study, and implement economic projects such as the Malaysia Five Year Plan.

The Council is aided by the National Planning and Development Committee which is headed by the Chief Secretary and the Economic Planning Unit (EPU).

3.4.5 National Development Council

The Council is headed by the Prime Minister and consists of all the cabinet ministers. The main functions of the National Development Council are to:

(a) Study reports and progress of government agencies like ministries and departments; and

(b) Coordinate development projects between the central government and state governments. The coordination is carried out with the assistance of:

(i) State Action Council;

(ii) District Action Committee; and

(iii) Committee for Progress and Security of Villages.


3.4.6 National Security Council

The council is also chaired by the Prime Minister and comprises senior ministers. The main functions of the National Security Council are to:

(a) Coordinate, study and solve national security issues; and

(b) Cooperate with government agencies on the state level, that is, the Committee for State Security, on matters relating to security.

In Sabah, there were several socio economic-based associations fighting for social and economic interests of the local population. Meanwhile in Sarawak, the Sarawak Malay Association was established in 1939. This association aimed to develop the Sarawak Malays in all fields, as well as to cultivate cooperation among them.

3.4.7 Attorney-General's Department

This department is headed by the Attorney-General who acts as the legal advisor on the national level. The areas of authority of the Attorney-General's Department are:

(a) Studying investigation reports submitted by police and Anti Corruption Agency and prosecuting if there is sufficient and substantial evidence;

(b) Have the right to be heard in court;

(c) Possesses discretion in proceeding, delaying or cancelling a prosecution;

(d) Can act as a Public Prosecutor;

(e) Represent the government in civil claims in court; and

(f) Assist ministers or government in drafting laws or making amendments to the constitution.

3.4.8 Functions of the Central Agencies

(a) Public Services Department (JPA) The functions of JPA are to:

(i) Plan and implement policies relating to intake, promotion and discipline of government staff;


(ii) Determine the salary, allowance and pension schemes of civil servants, as well as provide a forum to discuss the schemes with representatives of the civil service;

(iii) Have discussions with the Treasury to solve issues on salary increment, bonuses and incentives; and

(iv) Administrate the National Administration Institute (INTAN) and provide training for civil servants.

(b) Economic Planning Unit (EPU) The Unit is a central agency that is vital in planning the national economy.

The main functions of the EPU are to:

(i) Provide five year development plans;

(ii) Coordinate government bodies and ensure the implementation of approved projects;

(iii) Restudy the five-year plans; and

(iv) Advise the government on current and international issues on economy.

The EPU also functions as a secretariat to the:

• National Planning Council;

• Committee for Planning and National Development;

• Committee for International Investments;

• Special Unit for Privatisation;

• Economic Panel; and

• Malaysian Technical Assistance Plan for developing nations. (c) Implementation Coordinating Unit (ICU) The Implementation Coordinating Unit (ICU) was established to ensure the

coordination and implementation of all development plans and government policies. The main functions of the ICU are to:

(i) Ensure all government economic policies, such as the National Development Policy, achieve targets;

(ii) Oversee the operations of public agencies and corporations, such as PETRONAS, PERNAS, HICOM and MISC;

(iii) Implement community restructuring plans to encourage the participation of Bumiputeras in the business and industry sectors; and


(iv) Act as the secretariat to the National Development Council. (d) Socio-Economic Research Unit (SERU) The Socio-Economic Research Unit (SERU) was established to conduct

research into government development programmes and the effects on the socio-economics of the society. The main functions of SERU are to:

(i) Studying the implications of development programmes and policies implemented by the government on the people;

(ii) Gather information and conduct research to assist the government in planning future programmes; and

(iii) Conduct specific research on the effects of rural development, industrialisation, agriculture and urbanisation.

(e) Modernisation of Administration and Management Planning Unit of

Malaysia (MAMPU) MAMPU is the central agency established specifically to improve the system

of management and administration of government bodies.

The main functions of MAMPU are to:

(i) Improve the efficiency of management of government offices and staff;

(ii) Improve public administration, such as through the use of information and communication technology; and

(iii) Provide advice and consulting services to improve the capability to administrate government agencies.

3.4.9 Ministries

Ministries are the highest administrative bodies in the administration system of the Federal Government. Each ministry is headed by a minister who is aided by a deputy minister and parliamentary secretary. To date, there are 27 ministries and each ministry is aided by its respective departments, sections, agencies and statutory bodies. The total number of ministries can be increased or decreased according to the needs of the country. The head of administration for a ministry is the Chief Secretary while the administrative authority for the Prime Minister's department is the National Chief Secretary. The National Chief Secretary is also the head of public administration at the federal level. All chief administrators of the Prime Minister's department and ministries are civil servants.


The functions of a ministry are to:

(a) Plan policies, control and coordinate programmes under the MinisterÊs directives; and

(b) Control the implementation of programmes by implementation agencies. Under each ministry, there are several departments that assist in implementing the functions above. Examples of important department in ministries of the federal government are shown in Table 3.1.

Table 3.1: Departments and Bodies under the Ministries

Ministry Department/Body

Works Ministry Works Department

Ministry of Agriculture

(a) Department of Agriculture (b) Department of Fisheries (c) Department of Veterinary Services (d) Department of Drainage and Canals

Ministry of Information

(a) Department of Information (b) National Film Board

Prime Minister's Department

(a) Attorney-General's Department (b) Public Complaints Bureau (c) Legal Aid Bureau

Ministry of Finance

(a) Inland Revenue Board (b) Royal Customs and Excise Department of Malaysia

Ministry of Science, Technology and the Environment

(a) Department of Chemistry (b) Department of Wildlife Protection and National Parks

Ministry of Home Affairs

(a) Immigration Department (b) National Registration Department (c) Department of Prisons

STATUTORY BODIES 3.5

Generally, the administration of the government machinery is driven by public corporations. Public corporations are bodies or agencies owned by the government for specific purposes, such as assisting farmers, breeders, fishermen and entrepreneurs. Its ultimate goal is to improve the countryÊs economy and


development. All public corporations are handled under the Federal Government, State Government or specific ministries. Public corporations are generally divided into two categories:

(a) Statutory bodies

(b) Non-statutory bodies Statutory bodies (refer to Table 3.2), have the following features:

(i) Established under Act of Parliament or Enactment of State;

(ii) Usually established to assist a certain economic sector without having to be tied down with bureaucracy;

(iii) All programmes and income or budgets are under the scrutiny of central agencies;

(iv) The body is handled by a Board of Directors and headed by a Director appointed by the Public Services Department; and

(v) The body is allowed to obtain its own funds and form subsidiaries.

Table 3.2: Examples of Statutory Bodies, and their functions according to respective ministries

Ministry Statutory Bodies Roles

Finance (a) Bank Negara Malaysia (BNM) (b) Employee Provident Fund (EPF)

Advise the government on matters pertaining to finance

Encourage savings for pensioners

Entrepreneur Development

(a) Majlis Amanah Rakyat (MARA) (b) Urban Developmet Authority

(UDA)

Encourage Bumiputra in the business sector

Encourage Bumiputra participation in urban development

Primary Industries

(a) Palm Oil Research Institute of Malaysia (PORIM)

(b) Malaysian Rubber Board (MRB)

Research and develop the palm oil industry

Research and develop the rubber industry

Land and Cooperative Development

(a) Federal Land Development Authority

Open and manage land programmes for rubber, oil palm and other estates


Agriculture (a) Federal Land Conservation and Reclamation Authority (FELCRA)

(b) FarmerÊs Organisation Authority of Malaysia (LPP)

(c) Malaysian Agricultural Research and Development Institute (MARDI)

(d) Federal Agriculture Marketing Authority (FAMA)

(e) Fisheries Development Authority of Malaysia (LKIM)

Conserve and manage neglected land

Assist farmers and cultivators to manage plantation activities

To study and develop agricultural sector

Assist in the marketing of agricultural produce

Assist and develop the fishery sector.

Examples of statutory bodies under the Ministry of Higher Education can be seen in Table 3.3.

Table 3.3: Statutory bodies under the Ministry of Higher Education

Statutory Bodies

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

Universiti Kebangsaan Malaysia Hospital (HUKM) Universiti Sains Malaysia Hospital (HUSM) Universiti Sains Islam Malaysia (USIM) Universiti Malaysia Pahang (UMP) Universit Malaysia Perlis (UniMAP) Universiti Malaysia Terengganu (UMT) Universiti Teknikal Malaysia Melaka (UTem) Universiti Tun Hussien Onn (UTHM) Malaysian Qualifications Agency Malaysian Examinations Council (MPM) National Higher Education Fund Corporation (PTPTN) Universiti Malaya Medical Centre (PPUM) International Islamic University Malaysia (IIUM) Universiti Kebangsaan Malaysia (UKM) Universiti of Malaya (UM) Universiti Malaysia Sabah (UMS) Universiti Malaysia Sarawak (UNIMAS) Universiti Pendidikan Sultan Idris (UPSI) Universiti Putra Malaysia (UPM) Universiti Sains Malaysia (USM) Universiti Teknologi Malaysia (UTM) Universiti Teknologi MARA (UiTM) Universiti Utara Malaysia (UUM)


Meanwhile non-statutory bodies have the following features:

• Established under the Companies Act for the purpose of allowing the government to be actively involved in certain projects;

• Main objective is to gain profit through business;

• Function similarly to private companies, as non-statutory bodies are free to plan programmes, obtain financial sources and spend funds;

• Handled by a Board of Directors which is appointed by ministers and headed by a general manager;

• The scheme of service by its members are more flexible, like private companies; and

• Free to form subsidiaries. Examples of non-statutory bodies under the jurisdiction of the Ministry of Finance are as follows:

• Bumiputera Commerce Bank;

• Industrial Bank of Malaysia Berhad; and

• Islamic Bank of Malaysia Berhad.

Their function is to encourage savings and develop the economic sectors and help companies in dire straits due to the economic downturn.

ACTIVITY 3.3

Try to fill up the table below with information related to Statutory and Non-statutory bodies. Member of Dewan Rakyat Member of Dewan Negara

Similarities

Differences


COMMISSIONS 3.6

To ensure the governmentÊs administrative machinery runs smoothly and systematically, the government formed various commissions, both permanent and on ad hoc basis. Permanent commissions are like the Elections Commissions and Public Services Commissions. Ad hoc commissions are formed to investigate or solve problems and current issues. A commission is an independent body, just and impartial. The establishment of a commission, whether permanent or ad hoc, is to ensure that the commission can carry out administrative duties efficiently and fairly, especially in order to form a peaceful and harmonious nation. To guarantee the commission is independent without interference from any parties, the members of the commission are specially appointed. The commission members are appointed by the Yang di-Pertuan Agong, after consultation with the Council of Rulers. Politicians (Ministers, Members of Parliaments, State Assemblymen) cannot be appointed to any commission. Commission members can only be dismissed via a tribunal. The salary for the members of the commission are determined by Parliament from the Joint Funds. Among the permanent commissions at the Federal level are:

(a) Public Services Commission–specifically for civil servants;

(b) Education Services Commission specifically for educators and teachers;

(c) Police Commission specifically for members of the police force;

(d) Commission for Legal and Judicial Services specifically for members of the judiciary and legal profession; and

(e) Armed Forces Council- specifically for members of the armed forces. Ad hoc commissions are special and independent commissions established to study or analyse a current issue of interest and to provide suggestions to the government. Examples of ad hoc commissions include:

(i) Aziz Salary Commission; and

(ii) Harun Salary Commission.


• As a country that practises the Constitutional Monarchy system, the

administration of the country is under the patronage of the Seri Paduka Baginda Yang di-Pertuan Agong.

• The appointment of His Highness is done by the Council of Rulers. • The responsibilities of the Yang di-Pertuan Agong and methods of selecting a

candidate for the post of Yang di-Pertuan Agong by the Council of Rulers were discussed.

• Information on how the executive, legislative and judiciary bodies cooperate

among one another to move the administrative machinery in the country is highlighted too.

• The role of the national administrative machinery is to ensure the demands of

the people are conveyed via their representatives in Parliament. • The relevant bodies have specific responsibilities and are mutually linked. • Generally, should the machinery fail to function, many programmes and

government policies would not be implemented.

Act Agency Cabinet Commission Doctrine Enactment

Feudal Ministry Ordinance Privatisation Statutory Body

Abdullah Sanusi Ahmad. (1980). Kerajaan dan Pentadbiran Malaysia. Kuala

Lumpur: Dewan Bahasa dan Pustaka. Asnarulkhadi Abu Samah dan Jayum A. Jawan (ed.). (1997). Kenegaraan

Malaysia. Serdang: Penerbit Universiti Putra Malaysia.


Institut Tadbiran Awam Negara (INTAN). (1991). Malaysia Kita. Kuala Lumpur: Institut Tadbiran Awam Negara.

Mohamad Idris Saleh et al. (1994). Sejarah Pembangunan Bangsa dan Negara.

Kuala Lumpur: Utusan Publications & Distributors Sdn. Bhd.