KUALA LUMPUR – The federal constitution clearly provides for the sitting home minister to chair the Police Force Commission (SPP), as well as other commission members.
This does not, however, mean that the home minister should make decisions unilaterally, but should do so with the SPP as a whole, said former Malaysia Bar chairman Ragunath Kesavan, adding that matters relating to police operations must be left to the sitting inspector-general.
He also said newly retired top cop Tan Sri Abdul Hamid Bador was not wrong to recommend that a non-politician be appointed SPP chairman, but that would require a constitutional amendment.
Lawyer Datuk Seri Jahaberdeen Yunos told The Vibes that Article 140(3)(a) of the federal constitution is clear on the home minister also being SPP chairman.
“There is no ambiguity at all as to who are the members of the Police Force Commission, as provided for under the constitution.”
As for amending the constitutional provision, he pointed to other commissions that are headed by non-politicians.
“The Education Services Commission, Public Services Commission and Malaysian Anti-Corruption Commission are all headed by non-politicians.
“So, it’s a matter for Malaysians to consider and move their parliamentarians in the direction that is good for the institution. Malaysia needs to strengthen its institutions.”
Meanwhile, lawyer Kuhan Manokaran said the Police Act 1967 provides for the inspector-general to head the force.
“Public servants are controlled with regard to what they can or cannot say, but the public isn’t. What is needed is transparency on how decisions are being made. It doesn’t matter who is there as chair.” – The Vibes, May 6, 2021
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