Monday, July 26, 2010

Guan Eng-Nik Ali: A gross violation of the civil service code ?

Thomas Lee

The current spat between Penang Chief Minister Lim Guan Eng and the state development officer Nik Ali Mat Yunus highlights a fundamental flaw in the Malaysian civil service.

In the democratic system of government, of which Malaysia professes to practise, the civil service is a politically non-partisan and neutral body, with all its officers supposed to function and operate impartially in the implementations of the policies, programmes, and projects of the elected government.

Artcile 132 of the Federal Constitution states that federal civil servants hold office at the pleasure of the Yang di-Pertuan Agong, and state civil servants at the pleasure of the respective Sultan. Which means that the civil servants are not beholden to any political party but to His Majesty's government of the day. His Majesty is above politics, and so must all those civil servants appointed under his royal command and name.

As is supposed to be the practice, a change in the government after a general election is not supposed to affect the administration and public service of the nation or a state as the civil service's loyalty is absolutely with His Majesty's elected government of the day.

The fundamental flaw in Malaysia is that civil servants think they are officers of the Barisan Nasional, specifically Umno, and even with a change of government at the state level, they operate as if Umno is the authority and Umno leaders their bosses, taking orders only from Umno.

A dangerous attitude

Such a dangerous attitude borders on sedition, as if it could be interpreted to mean the civil servants are not serving His Majesty's elected government, but taking orders from those not authorised constitutionally to give them.

The very fact that Nik Ali participated at a press conference called by Umno and used it to launch an unwarranted and unjustified verbal attack on the chief minister is a gross violation of his status as a non- partisan and neutral civil servant.

The fundamental integrity and probity of the civil service have been desecrated by Nik Ali's involvement in the political press conference initiated by an Umno state assembly member, something not to be taken lightly by the Cabinet and the Public Service Commission.

Nothing less than an appropriate disciplinary action should be taken against Nik Ali for such a serious case of lese majeste. And he should be made to apologise to His Majesty for exposing the civil service to ridicule and derision, and to the chief minister.

Uncooperative civil servants

Guan Eng, and perhaps also the other Pakatan Rakyat state chief executives like Khalid Ibrahim of Selangor, has been facing a lot of difficulties in the running of the state government due to uncooperative civil servants whose loyalty is apparently to Umno.

In the Nik Ali case, Guan Eng has no choice but to publicly reprimand the federal officer for allegedly not being accountable and responsible for his mistakes which affect the well-being of the state.

“These officials get high pay and do nothing for the people and instead cost losses. We hope he can be more professional,” Guan Eng was quoted as saying by various newspapers.

Guan Eng has also claimed that Nik Ali tried to sabotage the state government openly and blatantly. On this allegation, the very fact that Nik Ali was at an Umno press conference with prepared media statements to lambast the chief minister proves that Guan Eng is telling the truth.

Obviously, Nik Ali has failed as a senior civil servant to exercise his impartiality and neutrality when he allowed himself to be used by Umno to attack Guan Eng, calling the chief minister rude.


Click here to read more at http://www.mysinchew.com/node/42097

Whose problem is this when you have a pack of wolves going in for the kill ? Basically the Cheap Minister has pushed him to a corner when he has to defend himself .

Was these issues brought up in the Penang Exco meeting ? Was there a warning letter issued to him ? Was there any letter sent to the Chief Secretary of the Govt about these issue ? failing which , when no reprimand deemed to have taken against him , LGE should have written to the Najib before making it public and conducting a trial by media . LGE has obviously chosen the last option without expiring the other procedures .

DAP-civil service spat escalates

July 22, 2010
Kit Siang mocked the Cabinet for failing to speak out against Nik Ali’s reported behaviour. — file pic

KUALA LUMPUR, July 22 — A tiff between the Penang chief minister and a federal employee is turning into a full blown row between the DAP and the civil service.

The party’s parliamentary leader Lim Kit Siang has now accused Chief Secretary Tan Sri Mohd Sidek Hassan of taking sides by defending Penang state development officer (SDO) Nik Ali Mat Yunus, who had been trading barbs in the press with Chief Minister Lim Guan Eng.

Mohd Sidek yesterday described the allegations by Guan Eng against Nik Ali as “excessive” and said they should not have been made public.

“It is Sidek who is guilty of being ‘excessive’ in taking sides, instead of reprimanding Nik Ali for doubly violating the civil service code of being strictly non-partisan, non-political,” said the Ipoh Timur MP.

He pointed out that Nik Ali had breached the General Orders by appearing at an Umno press conference, where he reportedly attacked the Penang chief minister.

At the press conference, Nik Ali had been quoted as having called Guan Eng insolent, uncivilised and a coward, in an apparent response to allegedly being called the same by Guan Eng.

The ongoing argument between Lim and Nik Ali had escalated following a recent outburst by the federal civil servant, who also said that Guan Eng had lowered his own status of a chief minister by criticising a SDO.

Kit Siang pointed out today that it was only on Tuesday that Prime Minister Datuk Seri Najib Razak had said that there was no place for “little Napoleons” in the public service who did not understand the importance of innovation, if the Government Transformation Programme (GTP) was to succeed.

“It is regrettable, however, that when Little Napoleons rear their ugly heads, they are given full defence and support instead of being reprimanded and put in their proper place,” said Kit Siang.

Kit Siang said that what was most shocking was that no Cabinet minister appeared outraged and all seemed to have sanctioned the “Little Napoleonic” conduct of Nik Ali.

“Is there not a single Cabinet minister... who dares to speak up against ‘Little Napoleons’ in the public service of the Nik Ali genre, just because of Umno patronage?” he added.

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