Ensure accountability at all levels

BY NATASHA JEE & GABRIEL LIHAN

Chong Chieng Jen has proposed that ministers and deputies should also be subjected to the same scrutiny by the ombudsman.

The Padungan assemblyman said that this is necessary because a lot of administration stems from the minister’s orders.

“The proposed Sarawak Ombudsman Bill, 2023, is a good start, but it’s ‘alang-alang’ (half-baked). Therefore, I believe it can be improved.

“If the minister is excluded from the jurisdiction of the ombudsman, it becomes a very easy way for officers to shirk responsibility.

“Therefore, all should be equal before the law. We should not pass a law that places someone or some position above the operation of law.

“With that observation, I hope the administration, led by Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg, will consider my proposal and make some amendments to the Bill,” he said in his debate speech on the Sarawak Ombudsman Bill, 2023, tabled by Deputy Premier Datuk Amar Awang Tengah Ali Hasan on Monday (Nov 20).

He also questioned the applicability of Clause 2 of the Ordinance, which addresses the definition of ‘Public Service Agencies.’

“We have many government-owned companies. Are these companies subjected to the ombudsman’s scrutiny? From what I see, they are not.

“So, I believe this section needs expansion to include these companies wholly owned by the state government because their employees, staff… If you look at the laws strictly, they are not paid out of the consolidated fund, but the company’s capital is raised through public money.

“Therefore, to be more comprehensive, the act should include these government-linked companies (GLCs) or at least the companies wholly owned by the state government,” he said.

Later, speaking in the press conference, Chong raised concerns about Clause 35 of the Bill concerning the power of arrest, labelling it as excessive and unnecessary for the operation or effective running of the ombudsman.

“If civil servants are summoned and do not attend the investigation by the ombudsman, it is an offence in itself, carrying a penalty of RM10,000 and imprisonment.

“That implies that the person who refused to attend will have their service terminated and lose all their pension.

“So that punishment alone is sufficient to deter any civil servant from not attending the inquiry. Therefore, you don’t need physical force to arrest them and bring them to the inquiry,” he said.

As such, he believes this power is unnecessary, as many ombudsman acts worldwide do not have such arrest powers.

“The act of arrest should be performed by trained officers, not just anyone, as you may use excessive force and injure people in the process.

“So, who is going to take responsibility for that? I think it’s unnecessary and excessive, so I call for it to be repealed or removed from the bill,” he said.

He added that the appointment of an ombudsman cannot include any ADUN (elected representative), MP, or civil servant.

“In Clause 5, which provides that the Sarawak Ombudsman shall consist of a Chief Ombudsman and a Deputy Chief Ombudsman, and not less than three or more than five other ombudsmen. All of whom shall be appointed by the Head of State by notification in the gazette.

“I would like to suggest that the appointment should be made on the advice of the Premier,” he said.

Earlier in his debate speech, he acknowledged that the ombudsman is an independently elected official who plays a crucial role in investigating and resolving disputes between citizens and public officials, investigating maladministration, corruption, abuse of power, and the misappropriation of public funds.