KUALA LUMPUR – Former Umno man Isham Jalil has claimed that the demotion of former Tourism Malaysia director-general Datuk Ammar Abd Ghapar violates provisions under the Federal Constitution.
Referencing Article 135(2) of the Federal Constitution, Isham said that it is not a minister’s prerogative to arbitrarily terminate or demote a public servant, especially when a right of response was allegedly not provided.
“I have been informed that (Ammar) was not afforded a hearing process before he was demoted by (Tourism, Arts and Culture Minister) Datuk Seri Tiong King Sing (and was instead) only given a few days notice,” the former Umno supreme council member said in a statement today.
“The minister said that the director-general (Ammar) was not performing well.
“However, this non-performance excuse is subjective and does not negate a civil servant’s right to be heard in the process of termination or demotion.”
Article 135(2) of the Federal Constitution stipulates that no public servant shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard.
The clause is not applied in several instances, including those involving criminal cases, national security, detention or banishment.
Yesterday, Chief Secretary to the Government Tan Sri Mohd Zuki Ali explained Tiong’s power to appoint and remove the Tourism Malaysia director-general is provided for in Section 10(1) of the Malaysia Tourism Promotion Board Act 1992.
However, Isham claimed this did power did not include removing a civil setvant.
“The act does state that the minister has the power to appoint a (Tourism Malaysia) director-general, but it does not mention the minister’s power to terminate or demote the director-general, especially without due processes required by the constitution,” Isham said.
For the record, Tiong’s February 22 letter ordering Ammar’s demotion had stated the ministers powers in Section 10(1) are to be read together with Section 47 of the Interpretations Acts 1948 and 1967.
The Interpretation Acts state that where a power to make an appointment is conferred by any written law, the appointing authority shall also have the power to remove, suspend, reappoint or reinstate any person appointed in the exercise of the power.
Tiong’s decision to demote Ammar has also been criticised by the Congress of Unions of Employees in the Public and Civil Services (Cuepacs), which questioned the lack of procedures followed, such as a warning letter and opportunity to explain the supposed underperformance.
Bersatu’s Masjid Tanah MP Datuk Mas Ermieyati Samsudin, who was formerly deputy tourism minister, had also accused Tiong of power abuse over Ammar’s demotion.
Ammar has repeatedly insisted that he does not know what he did wrong, instead pointing to how he is a veteran in the industry after having served in the public service sector for 36 years with the necessary qualifications.
The Malaysia Tourism Promotion Board, however, has appeared to back the demotion, its directors saying they are in full support of Tiong’s and the ministry’s “change of direction”, and that feedback from the tourism industry showed that drastic improvements are needed. – February 25, 2024