Rule of law demands that we know the law, first and foremost — Hafiz Hassan

FEB 15 — The Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC) is appointed under Section 5(1) of the MACC Act 2009 (Act 694).

Upon appointment,  the Chief Commissioner is deemed under Section 5(4) of the Act to be a member of the general public service of the Federation for purposes of discipline.

All officers and junior officers of the MACC are also members of the general public service of the Federation as stipulated by Section 6(3) of the Act.

The general public service of the Federation is one of the public services under the Federal Constitution by virtue of Article 132(1)© of the Federal Constitution.

Article 132(2) then stipulates that the qualifications for appointment and conditions of service of persons in the public services – other than the public service of each State – may be regulated by federal law and, subject to the provisions of any such law, by the Yang di-Pertuan Agong (YDPA).

In exercise of the powers conferred by Article 132(2), the YDPA has accordingly made regulations called the Public Officers (Conduct and Discipline) Regulations 1993 – PU(A) 395/1993 – which came into force December 15, 1993.

The authority that exercises jurisdiction over the general public service of the Federation is the Public Service Commission (PSC) established under Article 139(1) of the Federal Constitution. The PSC is the Disciplinary Authority defined under Regulation No. 3 of Regulations 1993.

It looks like the provisions of the law above have been overlooked in the matter arising from the Bloomberg report concerning Tan Sri Azam Baki.

The rule of law demands that we know the law, first and foremost.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.