theSun | MONDAY JULY 27 2009
news without borders
EAIC ‘constitutional’,
say experts
by Tan Yi Liang
newsdesk@thesundaily.com
PETALING JAYA: The recently-
passed Enforcement Agencies
Integrity Commission (EAIC) Act
is in compliance with the Federal
Constitution as an enforcement
agency watchdog, with no dupli-
cation of functions with similar
bodies, constitutional and legal
experts say.
“The only way you can say
it is against the constitution is if
it oversteps or goes beyond the
powers of the Public Services
Commission (PSC),” International
Islamic University law professor
Abdul Aziz Bari said.
Abdul Aziz, who was con-
tacted by theSun for comment
on a letter to the paper from Bar
Council Human Rights Commit-
tee co-chairman Andrew Khoo,
refuted Khoo’s claims that the
EAIC was “unconstitutional” as
it overstepped the boundaries
of Article 144 (1) of the Federal
Constitution which separates the
powers of individual oversight
bodies responsible for different
law enforcement organisations.
“This distinction is perhaps
violated in the EAIC, where one
body has jurisdiction over 20 oth-
er agencies and the police force.
What the Federal Constitution
had seen fit to rend asunder, no
government should join togeth-
er,” Khoo had said in his letter on
July 6, adding that disciplinary
control over law enforcement
bodies should not be exercised
by a single organisation.
He said the scrapped Inde-
pendent Police Complaints
and Misconduct Commission
(IPCMC) could exist alongside
the Attorney-General’s Cham-
bers to conduct investigations
and act as an enforcement body
in cases of police misconduct as
contained in Article 140 and 145
of the Constitution.
Abdul Aziz said that despite
the EAIC’s role of oversight,
individual commissions would
retain their jurisdiction, with no
breach of Article 144 (1).
“The PSC is there to do
administrative work such as ap-
pointments and promotions and
disciplinary work in an apolitical
and independent manner. And
the only way to do this is with
standardised criteria,” he said.
“The PSC is to confirm and
discipline staff, and this commis-
sion exists to process jobs in the
public service and to ensure it
is neutral and impartial,” Abdul
Aziz said, however echoing
similar criticisms of the EAIC as
being a “watered down” IPCMC.
“There are established rules
on disciplinary matters for the
police and law enforcement, and
it is good. The ideas are the same
as the IPCMC, but it is a mere
watered-down version.
“It is a good Act to enhance
the notions of accountability and
transparency. Our only concern
is that it’s not good enough. But
overall, it lends credibility to the
government to show it is not
against the idea of watchdog
bodies.”
Veteran lawyer Datuk David
Puthucheary said the worry
should not be with the EAIC’s
jurisdiction but with existing
institutions.
“Even if we keep the present
institutions and they can function
effectively according to princi-
ples, there is no need for more
regulation,” he said.
“It is not that we don’t have
institutions. We have institu-
tions which are not functioning.
The important thing is to save
the institutions and strengthen
them with the proper people,”
Puthucheary said, adding that
the trouble lay with “politicised”
enforcement.
DAP veteran Lim Kit Siang
dismissed the EAIC as being a
“highly paid post office”, saying
it would serve only to refer com-
plaints to either the Malaysian
Anti-Corruption Commission,
disciplinary authorities or the
A-G as it had no power to handle
prosecutions, disciplinary or
criminal matters.
“It is a completely unsatisfac-
tory substitute for the IPCMC,”
he said.
“The police had objected to
being singled out for external
oversight and said other enforce-
ment agencies should also be
subject to external scrutiny. We
have no objections to that, but
the focus is on the police because
how well they function affects
our safety and the safety of our
property,” Lim said.
7
Cambodian
officers on
legal exchange
programme
SHAH ALAM: The Asean Law
BN will Association of Malaysia is organis-
only ing an exchange programme for
eight officers of the Cambodian
reform Justice Ministry with the objective
after total of providing a better understand-
defeat: ing of Malaysia’s laws and its legal
system.
Jui Meng “The pilot project is also to
pg 9 promote cooperation and solidarity
among members of the legal profes-
sions of Malaysia and Cambodia,”
said S. Radhakrishnan, chairman of
the association’s standing commit-
tee on the Asean Students Exchange
Programme.
He said Cambodia was the first
country in the Asean region to be
invited to the programme from Aug
2-8.
“The eight officers will be at-
tached to four legal firms throughout
the programme,” he told Bernama.
Radhakrishnan said the asso-
ciation would consider extending
the programme to other Asean
countries based on evaluation and
feedback on the pilot project.
Chief Justice Tan Sri Zaki Azmi,
who is also the association’s presi-
dent, is scheduled to launch the
programme at the Royal Selangor
Club on Aug 3.