Police service contracts, appointments explained

Datuk Seri Dr Wan Junaidi Tuanku Jaafar

KUCHING: Tan Sri Abdul Hamid Bador’s contract as Inspector-General of Police (IGP) has ended; he was not removed nor was his service terminated.

Datuk Seri Dr Wan Junaidi Tuanku Jaafar, who is a former Home Affairs Deputy Minister, is quite well-suited to speak on this fact.

The current Entrepreneur Development and Cooperatives Minister pointed out that when Abdul Hamid’s contract ended and not renewed by the Police Commission, the IGP post becomes vacant.

“The provision in the Police Act on the Emergency does not apply here. Under Article 140(3)(b) of the Federal Constitution (FC), the minister in charge of the police is the chairman of the Commission.

“Article 140(1) provides that the Commission is responsible for the appointment, confirmation, promotion, transfer, and exercise of disciplinary control over members of the police force.

“As such, when the IGP post becomes vacant, the Commission, under Article 140(4) may make a recommendation to the Yang di-Pertuan (YDP) Agong to fill it,” he said yesterday (May 3).

The Santubong MP said that the same Article also provides for the appointment of the IGP by the Agong on the recommendation of the Commission.

“This recommendation under Article 140(4) is subject to the prime minister’s advice under Article 40 (1A) which the Agong shall accept.

On the question of transfer of personnel, he said, Article 140(7) provides that a transfer under Article 140(1) does not include lateral transfer without change of rank. This comes under the purview of the IGP as provided under the Police Act 1976 and not directly under the Commission.

“Nevertheless, whether the residual power of the Commission on lateral transfer might still exist concurrently with the IGP’s under the Act, is arguable,” he said.

On the Police Act 1967, he said when the Act was enacted in 1967 the meaning of Emergency was commonly understood then was communist insurgency, not health, medical or economic.

“Since the first Emergency in 1948 and the second one in 1969, thousands of police officers and men left the force, dismissed, terminated, resigned, and retired.

“IGP after IGP retired and ended their service contracts and left the force.

“But the Emergency we are in now is specifically declared to address health — the Covid-19 Emergency.

“The need for the police to sustain their ranks and numbers is not that critical, unlike during the communist insurgency, yet the department allowed its officers and men to leave,” he said.