Malaysia

No need for SPP reform, but independent regulating body a good idea: ex-IGP

Nothing wrong with politician heading Police Force Commission as decisions made collectively, argues Tan Sri Musa Hassan

Updated 5 years ago · Published on 02 May 2021 10:00AM

No need for SPP reform, but independent regulating body a good idea: ex-IGP
The home minister does not decide on transfers or disciplinary actions involving senior police officials alone, and there is no one person with absolute power over the appointment of the inspector-general of police, says ex-IGP Tan Sri Musa Hassan. – Bernama pic, May 2, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – The Police Force Commission (SPP) requires no reform, especially to its composition, according to former inspector-general of police Tan Sri Musa Hassan, citing Article 140 of the federal constitution.

“Any transfers or disciplinary action concerning senior police officials will be handled by the SPP. It makes the decision. So, it is not the decision of the minister alone.”

As to whether the constitutional provision should be amended to allow for a non-political chairman, as per the recommendation of outgoing Inspector-General of Police Tan Sri Abdul Hamid Bador, Musa said: “The federal constitution already states that the minister will be chairman unless that provision is amended.

“I feel that, all this while, there have been no problems, and the decisions (of the SPP) are made collectively.”

As another mechanism of checks and balances, he said the appointment of the nation’s top cop is not done by the home minister alone, but subject to approval by the Yang di-Pertuan Agong and prime minister.

“There is no one person who has absolute power over the appointment of the IGP.”

But Musa conceded that, given his and Hamid’s acknowledgement of “cartels” in the force, the creation of an independent body to regulate the police is a good idea.

However, he disagreed with the implementation of the Independent Police Complaints and Misconduct Commission (IPCMC), saying there will be no avenues of appeal for officers who are dissatisfied with the commission’s findings.

“I had suggested the Independent Police Integrity Commission, where investigations would be done by the commission, but actions would be taken by the SPP as per its constitutional role,” Musa told The Vibes.

On the ongoing spat between Hamid and Home Minister Datuk Seri Hamzah Zainudin, Musa said both parties have to work together.

“I don’t know what the problem is between them (Hamzah and Hamid). I feel that ministers and government servants should work in harmony together.”

Former MACC advisory councillor Tan Sri Robert Phang agrees with outgoing IGP Tan Sri Abdul Hamid Bador that the Police Force Commission chairman should be a non-political figure. – Bernama pic, May 2, 2021
Former MACC advisory councillor Tan Sri Robert Phang agrees with outgoing IGP Tan Sri Abdul Hamid Bador that the Police Force Commission chairman should be a non-political figure. – Bernama pic, May 2, 2021

Meanwhile, Malaysian Anti-Corruption Commission former advisory councillor Tan Sri Robert Phang took a different tone, agreeing with Hamid’s call for a non-political SPP chairman.

“I agree that the SPP should be chaired by someone independent. It should not be chaired by a politician or policeman,” he told The Vibes.

Also saddened by the lack of cooperation between Hamid and Hamzah, Phang added that ministers should not interfere in police matters.

But he also qualified his statement with his opinion as to why Hamid might be having a bumpy exit from the force.

“Hamid’s appointment as inspector-general was not favoured by certain senior (police) officers. But (Tun Dr) Mahathir (Mohamad) wanted him there… that is the root of all problems,” he said, referring to the former prime minister.

As for whether the IPCMC should be in order, Phang answered in the affirmative, saying the chairman must be an independent, non-partisan outsider, with character, much like himself.

“The IPCMC was discussed many years ago. The police didn’t want it because they felt very insecure, because the commission would be dealing with internal police affairs.

“The person who chairs the IPCMC must be independent. The best person is Robert Phang,” he quipped.

MyWatch chairman Datuk R. Sri Sanjeevan questions why Pakatan Harapan did not propose amendments to the constitution, which states that the Police Force Commission should be chaired by the home minister, while it was in power. – Bernama pic, May 2, 2021
MyWatch chairman Datuk R. Sri Sanjeevan questions why Pakatan Harapan did not propose amendments to the constitution, which states that the Police Force Commission should be chaired by the home minister, while it was in power. – Bernama pic, May 2, 2021

Echoing the need for police reforms is Malaysian Crime Watch Task Force (MyWatch) chairman Datuk R. Sri Sanjeevan.

But, Sanjeevan questioned why Hamid recommended non-political persons to chair the SPP at the eleventh hour and refrained from proposing such changes to then prime minister Dr Mahathir.

“Many people are questioning why the minister is interfering in the appointment of police officers. The federal constitution says that the SPP is chaired by the home minister of the day.

“If you want to change that, you must amend the constitution. I see Pakatan Harapan leaders talking their lungs out, (but) why didn’t they moot this when they were in power?” – The Vibes, May 2, 2021

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