THERE is a Westminster doctrine of governance called “first among equals”. In a recent article by The Sun, the Bar Council essentially challenged the application of this doctrine by the inspector-general of police under the Independent Police Complaints and Misconduct Commission (IPCMC) Bill.

The draft bill tabled in Parliament essentially gives the IGP immunity from the actions that other police personnel may face.

Bar Council vice-president Roger Chan questioned the reason for such double standards in the application of the law.

The doctrine of “first among equals”, historically interpreted, means that the British prime minister is only the first person in priority, but an equal member of the cabinet – the government’s top executive body – all the same.

The IGP and chief secretary

The Sun’s article simply states, “It is not right!”, and declares that the IGP would not be above the IPCMC Act, which will cover the administration of justice within the police force, especially in the context of wrongful actions by cops.

Therefore, the IGP, as head of the force, is not above the very law that he seeks to execute. Leadership by example – the same principle was applied in 1994 to the heads of the Malay states, when the federal constitution was amended to review the doctrine that “the king can do no wrong”.

Moreover, under our Westminster system of governance, the chief secretary to the government, who serves as the cabinet secretary, is the ultimate chair of the promotions and discipline board for senior government officials. That is in his capacity as executive secretary and holder of the rank of a full cabinet member.

While the IGP is not secondary or subsidiary to the secretary-general of the Home Ministry, which oversees the police force and a number of uniformed bodies, he is definitely not equivalent to the cabinet secretary.

Therefore, what may be needed is the creation of a more formal promotions and discipline board for all public service officials above the rank of Staff One. Perhaps that should be the primary responsibility of the revised Public Service Commission (PSC).

Today, the PSC is irrelevant in all such matters.

My doctrine of governance

I have a “seven-prime-customer-focused” doctrine of governance. It agrees with the traditional doctrine’s primary three arms of government. But, it necessarily veers away from the US model’s declared “fourth arm”, often called the “fourth estate” in American public administration literature.

In my 40-year experience in the government, related to administration, management and governance in Malaysia, I’ve found that the real fourth estate in this country is not the media, but the public service. Our print media is fully controlled and docile.

Why are public service bodies above the law? For example, in the case of missing Pastor Raymond Koh, it has become obvious that police are above the law. Why so?

The second is our military forces, third is the Immigration Department, fourth is the National Registration Department (NRD), and on it goes.

I remember when the first parliamentary special committee on integrity was established, it was unable to get the Immigration and NRD directors-general to appear before the panel. The chairman then resigned.

With bribery and corruption endemic in Malaysia today, even the Statistics Department could be singled out for “fudging the numbers and/or miscalculating their definitions, according to the United Nations report”.

Why else now would we have to doubt the definition and measurement of poverty in Malaysia?

Our first lady, but who?

Some very important people in Malaysia have previously declared themselves as belonging to the office of the first lady. I even objected in writing when they created the office!

Beginning with such untruths, we now find ourselves in the era of Malaysia 2.0, and a real paradigm shift is needed. The people are frustrated because change is not happening quickly enough.

Our ministers are not moving faster because they are determined to heed their “speed limit”. How, then, can one reach Johor Baru in three hours?

The cabinet’s speed limit is meant to uphold the rule of law. Self-imposed, but very important, because the real rot started when cheating, stealing and lying (CSL) became a culture in Malaysia’s public service.

Public service as 4th arm of govt

If the public service becomes the fourth arm of government, and the media the fifth, I believe that Malaysia is ready to become the home of all Bangsa Malaysia.

Yes, it is our PM’s dream – declared during his first stint – for us to become a nation of Bangsa Malaysia by 2020. We must move forward to self-declare by next year that we are a developed nation, especially in mindset.

I think that time will come by next July, on his 95th birthday. We call upon the PM to declare that reality and set clear operational goals for a fully needs-based development model beyond 2020.

Let’s cut the incendiary racial and religious crap and move on. As one Hindu Sangam speaker said in Terengganu, let’s use our own model of a loving and considerate Islam as the framing paradigm for truths in Malaysia 2.0.

The Malaysian brand of Islam must ditch CSL and move towards truthfulness, which can and will define all our future interactions as one community of Malaysians.

Selamat Ber-Merdeka sebagai Malaysia 2.0 pada Hari Malaysia ke-56! – September 8, 2019.

* KJ John worked in public service for 32 years, retired, and started a civil group for which he is chairman of the board. He writes to inform and educate, arguing for integration with integrity in Malaysia. He believes such a transformation has to start with the mind before it sinks into the heart!

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.