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Sarawak Assembly Passes Landmark Ombudsman Bill to Enhance Public Service Accountability

Kuching – In a move to bolster accountability and transparency within its public service agencies, the Sarawak State Legislative Assembly (DUN) today successfully passed the Sarawak Ombudsman Bill 2023. This groundbreaking legislation, tabled by Deputy Premier Datuk Amar Awang Tengah Ali Hasan, was unanimously approved.

According to BERNAMA News Agency, the Sarawak Ombudsman Bill 2023 empowers the public to report instances of maladministration to the state public service agency. The ombudsman’s reports, including findings, recommendations, and opinions, will be fully published in the legislative assembly, and a Special Select Committee may be appointed to consider matters arising from these reports. Unlike the Public Accounts Committee (PAC), the ombudsman’s reports will carry legal force.

The Deputy Premier explained that the bill encompasses the investigation and scrutiny of the state’s government-linked companies (GLCs) by the Ombudsman. He clarified that the bill’s procedures for the right to remain silent and power of arrest are specifically for investigating offenses under the bill and not for investigating complaints. A total of 22 assemblymen participated in the state legislative debate on the bill.

The Ombudsman bill is designed to enhance the transparency and accountability of government agencies, ensuring checks and balances, and improving public service delivery systems and procedures. The legal framework provided by the bill enables the Sarawak Ombudsman to efficiently supervise the state public service agency, including the state civil service, local authorities, state statutory bodies, and GLCs.

Awang Tengah highlighted that the bill grants the Ombudsman the power to receive, investigate, and resolve complaints, dismiss baseless and frivolous complaints, and recommend corrective or preventive action. The bill proposes penalties for offenses such as providing false information, failing to appear upon notice, and obstructing the ombudsman, ranging from fines of RM10,000 to RM50,000 and imprisonment of six months to three years.

Furthermore, the bill stipulates the Ombudsman’s structure, led by a Chief Ombudsman and a Deputy Chief Ombudsman, supported by three to five other Ombudsmen with relevant expertise or experience. Appointments will be made by The Yang di-Pertua Negeri of Sarawak Tun Abdul Taib Mahmud for a maximum term of three years, with the possibility of reappointment.

Lastly, the Ombudsman’s office, managed by a Chief Administrator appointed from the state public service, will be staffed by officers assisting in the discharge of duties. Notably, the ombudsman staff and others acting on their behalf are granted immunity from civil and criminal proceedings while performing official duties.