PUTRAJAYA: Integrity issues in enforcement agencies are longstanding, but disciplinary action against errant officers must adhere to due legal process, says Comm Datuk Seri Mohd Shuhaily Mohd Zain (pic).
The Malaysian Border Control and Protection Agency (AKPS) director-general said the agency has taken various measures, including arrests and investigations, against officers suspected of misconduct.
“However, such cases continue to happen, leading to public perception that enforcement action only involves arrests or transfers, without harsher penalties such as dismissal.
"The public often questions why officers who have been arrested are later seen back at work. What needs to be understood is that the process of dismissing a civil servant is not straightforward and cannot be carried out arbitrarily,” he said during a special session with the media recently.
He explained that disciplinary action, including dismissal, is governed by constitutional provisions under Articles 132 to 135, which guarantee due process and adjudication before any officer can be terminated from service.
“If there are offences that allow for immediate dismissal under existing regulations, including those provided under General Orders, we will act accordingly. That is the direction I am trying to move towards,” he said.
However, he noted that such decisions are not solely within his authority and require approval from the Public Service Department, which must determine whether there are sufficient legal grounds and justification for termination.
“It is not that we do not want to dismiss officers. We are bound by the law, and this is something the public needs to understand,” he said.
To address ongoing integrity issues, AKPS has formed a task force to respond to public information. The team is deployed to verify complaints and, if wrongdoing is confirmed, to launch enforcement operations.
This, he said, explains the ongoing arrests involving enforcement personnel. Comm Mohd Shuhaily also appreciated the Immigration Department and other enforcement bodies for cooperating in efforts to clean up the agency, noting that some arrested officers had since joined AKPS.
While acknowledging the challenge of changing entrenched behaviour, he stressed that officers must adapt or face disciplinary consequences. “Once someone is accustomed to a certain lifestyle, it can be difficult to change. But they have to, otherwise they will have to face the consequences,” he said.
Looking ahead, Comm Mohd Shuhaily said integrity would be a key focus in future AKPS recruitment. He added that while government service may be comfortable, unexplained wealth is a red flag that will not be tolerated.
