2. 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)
3. 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.
4. 1. SERVICE COMMISSIONS
o
A.
B.
C.
D.
E.
There are 5 Service Commissions that
have been established by the
Constitution:
Public Service Commission
Education Service Commission
Judiciary and Law Service Commission
Police Service Commission
Armed Force Council
5. 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
6. o
i.
The functions:
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
7. 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.
8. C.JUDICIARY AND LAW SERVICE
COMMISSION
o
o
o
i.
ii.
iii.
iv.
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.
9. 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.
10. o
o
i.
ii.
iii.
iv.
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.
11. o
o
E. ARMED FORCE COUNCIL
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.
12. o
2. ELECTION COMMISSION
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.
13. o
i.
ii.
iii.
iv.
v.
vi.
o
i.
ii.
iii.
iv.
v.
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 voter’s 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.
14. 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.
15. o
i.
ii.
iii.
o
i.
ii.
iii.
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
16. NON-PERMANENT/SPECIAL COMMISSION
o
o
o
i.
ii.
iii.
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:
Harun’s 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
