Avenue for public to report maladministration: Awang Tengah

THE proposed Sarawak Ombudsman Bill 2023 will enhance transparency and accountability in government agencies by allowing the public to report maladministration to the ombudsman.

Deputy Premier Datuk Amar Awang Tengah Ali Hasan who tabled the Bill during the State Legislative Assembly (DUNI) sitting on Monday said the ombudsman will ensure check-and-balance elements are in place and will enable the government to improve its public delivery systems and procedures.

He said this will lead to a better administration and increase public trust and respect for the government.

Pursuant to item 7 of List II (State List) of the Ninth Schedule of the Federal Constitution, he said the state is empowered to legislate on matters relating to the machinery of the state government which is exclusively for state services.

“Hence, we are now exercising our constitutional authority to establish the Sarawak Ombudsman with the primary objective of elevating the standards of accountability in public administration and to provide measures against maladministration by the state public service agencies,” said Awang Tengah.

Awang Tengah said the Sarawak Ombudsman will be led by a Chief Ombudsman and a Deputy Chief Ombudsman, along with three to five other Ombudsmen who possess relevant expertise or experience to ensure its effectiveness.

He said the appointment of these Ombudsmen will be made by the Yang di-Pertua Negeri, and they will take an oath of office for a maximum term of three years, with the possibility of reappointment.

“This is a clear manifestation of our commitment to maintain integrity and ensure that state public service agencies provide a high-quality service to the rakyat.

“The Sarawak Ombudsman’s office will be managed by the Chief Administrator, who is appointed by the Minister from among the members of the State Public Service and he is to be assisted by such number of officers.

“The Ombudsman staff and others acting on their behalf are immune from civil and criminal proceedings in the discharge of their official duties,” he said.

Awang Tengah said the Bill requires the ombudsman to submit reports to DUN, through its Minister, on its activities and its affairs; the result of any enquiry carried out by the ombudsman including any findings, recommendations and opinion; and other reports which the ombudsman may consider necessary.

“This ensure that the ombudsman’s findings are transparent and accessible to the public, and this House has oversight over the performance of the Ombudsman and the actions or activities undertaken by him in pursuance of the provisions of the new law.

“It portrays the independency of the ombudsman’s institution which is free from any interference whether political or otherwise,” he added.

On the power to making rules, he said the Majlis Mesyuarat Kerajaan Negeri may make rules as may be expedient or necessary for carrying out the provisions of the Bill including the prescription of offences and its punishments for any contravention of any rules made hereunder; procedures and forms for compounding of offences; the procedure for investigation; code of conduct of the ombudsman and such other purposes which may be considered necessary for the exercise of the powers and the performance of the functions of the ombudsman under this Bill.

In regard to the legal framework required for the Sarawak Ombudsman to efficiently perform their duties and authority in supervising the state public service agency, he said it encompasses the State Civil Service, local authorities, state statutory bodies and government-linked companies.

Awang Tengah added that the ombudsman is empowered to investigate any complaints and in doing so, if it is necessary, the Chief Ombudsman may opt to form an investigation committee.

He said the Bill makes the following an offence such as intentionally giving false information; failure to appear upon receiving notice, exercising improper influence, willfully obstruct, hinder or resist the ombudsman or any other person in the exercise of their powers, commit contempt towards the ombudsman and make misrepresentation.

The penalties that can be imposed upon conviction are fines ranging from RM10,000 to RM50,000 and imprisonment ranging from six months to three years respectively or to both.

“I believe that these offences and penalties are necessary to ensure that the ombudsman can carry out their duties effectively and impartially. The ombudsman will have broad investigative powers to effectively