JPA DG issues conduct reminder to civil servants ahead of July 26 rally

Summary

• The Public Service Department’s director-general reminds civil servants of conduct regulations, after similar directives from the chief secretary and Attorney General’s Chambers (AGC).

• The coordinated warnings ahead of the July 26 “Himpunan Turun Anwar” protest have sparked controversy, with Lawyers for Liberty (LFL) questioning the legality of such orders.

• LFL director Zaid Malek took the AGC to task today, stressing that the Constitution can’t be overridden by regulations, general orders, letters of undertaking, or circulars.

The Public Service Department’s director-general has reminded civil servants about complying with conduct regulations amid seemingly growing disciplinary concerns in the public service.

In a circular dated July 23 and addressed to all secretaries-general of ministries, department heads, and state secretaries, Wan Ahmad Dahlan Abdul Aziz reinforced key aspects of the Public Service Regulations (Conduct and Discipline) 1993.

The timing of the directive follows similar reminders from the chief secretary to the government and the Attorney General’s Chambers (AGC), suggesting a coordinated effort to ensure civil service neutrality, ahead of the “Himpunan Turun Anwar” rally on July 26.

The circular outlined four pillars:

• Loyalty to His Majesty the King, country, and government

• Pledge of allegiance

• Prohibition on making public statements without authorisation

• Prohibition on involvement in political activities

“Civil servants should maintain their positions free from involvement in any political parties, including wearing symbols, holding political office, or conducting campaigns, except with authorisation in specific cases.

“The public service should remain professional, fair, and impartial in accordance with the principles of neutrality and impartiality to ensure public confidence in the public service as the backbone of national administration.

“It is reminded that any breach of conduct may be subject to disciplinary action under PU (A) 395/1993, and officers may face warnings, reprimands, salary deductions, suspension of emoluments, deferment of salary increments, reduction in salary, reduction in rank or dismissal, depending on the severity of the misconduct committed,” Wan Ahmad Dahlan said.

He referred to the Public Service Regulations (Conduct and Discipline) 1993, which establishes the primary responsibilities of civil servants in terms of conduct.

He stressed that every civil servant should demonstrate unwavering loyalty to the King as head of state, to Malaysia as a sovereign nation, and to the government.

“All civil servants have signed the Pledge of Allegiance as stipulated in the Public Service Regulations (Appointment, Promotion and Transfer of Service) 2012. This pledge represents a written commitment by civil servants to comply with regulations and government directives throughout their period of service,” he said.

Regulations concerning rallies

Yesterday, the AGC reminded civil servants that their constitutional rights have legal boundaries, particularly when joining public rallies.

It reminded civil servants that they are subject to the Oath of Office as provided for in subregulation 20(3) of the Public Officers (Appointment, Promotion, and Termination of Service) Regulations 2012.

It said that based on the Oath of Office, every civil servant is responsible for complying with all regulations, including the Public Officers (Conduct and Discipline) Regulations 1993, general orders, circulars, circular letters, regulations, and other directives issued by the government.

On Monday, Chief Secretary to the Government Shamsul Azri Abu Bakar told civil servants not to participate in Saturday’s rally, claiming that doing so would be inconsistent with the principle of “loyalty to king and country”, as enshrined in the Rukun Negara.

Lawyers for Liberty, however, urged civil servants to defy the chief secretary’s warning, with director Zaid Malek calling the directive “unlawful”.

Zaid also took the AGC to task today, stressing that constitutional guarantees cannot be overridden by mere regulations, general orders, letters of undertaking, or circulars.

The “Himpunan Turun Anwar” protest, scheduled for 2pm in downtown Kuala Lumpur on July 26, is the apex of a series of smaller demonstrations PAS and Perikatan Nasional have been organising, calling for Anwar’s resignation.

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