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Is the chief secretary’s appointment as Energy Commission chairman a breach of governance?

Ong Kian Ming challenges the practicality and compliance of Tan Sri Shamsul Azri Abu Bakar's new role

12:56 PM MYT

 

KUALA LUMPUR – A former DAP lawmaker has questioned the recent appointment of Chief Secretary to the Government, Tan Sri Shamsul Azri Abu Bakar, as chairman of the Energy Commission (EC).

Ong Kian Ming, who is also the former investment, trade and industry deputy minister, asserted that the appointment is inconsistent with Prime Minister Datuk Seri Anwar Ibrahim’s emphasis on good governance, as stipulated in the guidelines for managing federal statutory bodies.

The guidelines, launched on August 9 last year, saw input from the Implementation Coordination Unit, Finance Ministry, Public Service Department, Economy Ministry, National Audit Department, the Prime Minister’s Department (PMD) and the Malaysian Anti-Corruption Commission.

“This document provides guidelines for the appointment of individuals to the boards of statutory bodies, including the chairman (position), as well as (guidelines for) civil servants,” Ong said in a thread on social media platform X today.

“Civil servants, especially from the Finance Ministry, sit on most, if not all, of the boards of the statutory bodies, but not as the chairman of these boards,” he added.

Based on a circular from the PMD dated April 30, 2024, Clause 3.3.6 of the guidelines states that in accordance with best governance practices and to avoid potential conflicts of interest, the chairman of such statutory bodies cannot be selected from among administrative members.

Clause 3.3.7 also notes that the chairman of federal statutory bodies cannot be a civil service officer to ensure proper focus can be given to their tasks without being overly burdened by statutory body-related responsibilities.

However, the stipulations are contingent on the statutory body’s establishment act, the circular detailed.

According to Section 6 of the Energy Commission Act 2001, its chairman shall not, while holding office, hold any other office or employment, whether remunerated or not, “without the Minister’s prior written approval”.

Highlighting the matter, Ong raised doubts on the practicality of Shamsul’s appointment to the commission, saying: “It is difficult to imagine the chief secretary to the government being able to focus on the many responsibilities as the chairman of the EC, which managing the job of the chief civil servant for the Malaysian government.

“I don’t recall any chief secretary to the government being appointed as a chair of a statutory board while he was the chief secretary. Please let me know if I’m mistaken,” he added.

Shamsul’s appointment to the EC took effect on January 1, 2025. He assumed the chief secretary to the government role in August last year, succeeding his predecessor, Tan Sri Mohd Zuki Ali, after the latter’s two-year contract expired.

Shamsul, 55, took over from Datuk Mohamad Razif Abd Mudin, who was serving as acting chairman since September last year, following the resignation of Mohammed Rashdan Mohd Yusof less than two years after his appointment in February 2023.

Rashdan’s appointment raised eyebrows at that time due to his position as Gamuda Bhd’s deputy group managing director. – January 3, 2025

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