Reforming Sarawak’s public service

This article first appeared in The Edge Malaysia Weekly on April 15, 2024 – April 21, 2024

THE Sarawak government’s decision to put all new hires on the contribution-based position (Jawatan ­Berasaskan Caruman [JBC]) scheme is seen as the initial step towards much-needed reforms for the state’s public service.

In March, Sarawak state secretary Datuk Mohamad Abu Bakar Marzuki said that starting this year, all new hires for the state civil service in Sarawak will fall under the JBC scheme, contributing to the Employees Provident Fund (EPF) instead of being on the pension scheme. Sarawak has taken this step even as the federal government is just in the final stages of reviewing the Public Service Remuneration System Study (SSPA).

Autonomy in the area of human resources for its public service, as provided for under the Malaysia Agreement 1963 (MA63), is another important factor that will speed up the reforms.

Datu Sabariah Putit, chairwoman of the Public Service Commission (PSC) of Sarawak, cites the labyrinth of bureaucratic procedures the state government has to go through when staffing its civil service as an example of why reforms are needed.

“They (the departments) have their key performance indicators (KPIs), but often, there’s a shortage of personnel. We are then compelled to seek new recruits,” she says in an interview.

However, the process is often not as straightforward.

Sabariah says any proposal for new positions or augmenting existing ones requires the blessing of the “three wise men” — a sobriquet for the state secretary, state attorney general and state financial secretary.

Subsequently, when approved, the final hurdle lies in securing an endorsement from the federal government’s Jabatan Perkhidmatan Awam (JPA) for pensionable posts.

“In the past, even if we proposed 200 positions, the federal authorities may only approve a fraction of that,” adds Sabariah, who previously served as the deputy state secretary in Sarawak from 2016 to 2022.

Thus, the new scheme and autonomy in the management of its public service human resources are seen as the solution to Sarawak’s efforts to address its staffing needs and streamline administrative processes.

To recap, Mohamad Abu Bakar said last month that the JBC scheme offers the same benefits as those under the pension scheme, such as permanent positions as well as medical and housing benefits. He regarded the move as a modernising step for the Sarawak civil service, providing flexibility for civil servants wishing to explore different career paths, and believes that the scheme will attract young talents from diverse backgrounds.

Mohamad Abu Bakar stated that the Sarawak government is currently studying improvements to the salary schemes for the state’s civil servants, in line with the impending update to the SSPA announced by Prime Minister Datuk Seri Anwar Ibrahim.

Paradigm shift in Sarawak public service

A science graduate from Universiti Malaya with a major in genetics, Sabariah, 62, has been with the state government for 34 years, serving three chief ministers — the late Tun Abdul Taib Mahmud and Tan Sri Adenan Satem, and the current Premier of Sarawak Tan Sri Abang Johari Tun Openg.

She notes that a paradigm shift in Sarawak’s civil service is currently underway, with Abang Johari calling for the transformation of the public service sector on many fronts.

Sabariah’s appointment also marks the first of many. For one, she is the first woman to chair the nine-member PSC.

“Currently, for the first time in the 60 years since its establishment, PSC has reached a full quorum of nine members,” she adds.

The PSC, which is responsible for transformative initiatives for the state’s civil service, has 44 employees who are civil servants, headed by the commission’s secretary.

“It has been the general perception that the role of the commission is merely to conduct interviews. Therefore, it is essential to provide a better insight on the roles of the commission as provided in the state constitution,” says Sabariah.

Under Article 36(1) of the Sarawak Constitution, the commission must appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the public service.

The commission is also under the general direction of the Yang di-Pertua Negeri (YDPN) as provided under Article 39(3) of the state’s constitution on scholarships.

Further, the recommendation of the commission is one of the requirements under Article 36(4) of the constitution for special positions designated by the YDPN or held by the head or deputy head of a department or by an office of similar status.

In 2000, additional functions to the commission conferred by the constitution included powers and functions to appoint, confirm, promote and exercise disciplinary control over officers and employees of the local authorities as provided by the PSC (Additional Functions) Ordinance 2001.

The PSC is an independent body that works with the Human Resource Development and Management Unit (HRDM), Department of the Premier of Sarawak and line agencies to ensure that the state’s aspiration for a world-class civil service is achieved.

According to Sabariah, the “relatively smaller” pool of around 30,000 public service employees in the state with a population of 2.5 million facilitates a more nimble transformation.

She adds that at the core of Sarawak’s public service transformation is PSC’s strategy to improve efficiency in public service delivery based on six enablers, namely digitalisation, organisational development, effective communication, capability building, data and knowledge management, and regulatory revision.

Sabariah says Sarawak also recognises the need to revise state laws in order to remain relevant and facilitate the state’s new economic ambitions. She cites the premier’s call to civil servants to be updated and be in the know about the current changes in state law.

For example, Sarawak has introduced several new laws, including those related to carbon capture, utilisation and storage (CCUS) and the reduction of greenhouse gas emissions.

Abang Jo said new laws need to be introduced to address current conditions and situations.

“The ecosystem has changed, so have the laws, and we must know the implications of the new legislation. For example, those working in the forestry department need to know about carbon trading and CCUS,” he said in his speech at the Sarawak Civil Service Day in February.

Culture of meritocracy important

Sabariah says a starting point towards building a strong civil service is to ensure a constant supply of “good people with ability, integrity and honesty, a high level of commitment and passion”.

She also emphasised the importance of a culture of meritocracy, performance evaluation and good governance across the Sarawak civil service.

“Ensuring civil servants are aware of the expectations and performance evaluation procedures is crucial. They will benefit from this clarity as it will help them to understand exactly what they need to concentrate on to deliver,” adds Sabariah.

She asserts that while meritocracy is vital regardless of gender or race, language is no barrier.

“Possessing strong English skills is essential, but it doesn’t diminish the importance of Bahasa Melayu,” she says, emphasising that both English and Malay may be used within the state government, but ultimately, effectiveness in job execution is key.

On the MA63 negotiations, Sabariah says demands that have been fully resolved include the recognition of the Public Works Department (JKR) and the Department of Irrigation and Drainage (JPS) of the states of Sabah and Sarawak as technical departments under Treasury Directive 182 (AP182), allowing JKR to implement federal projects costing below RM50 million in the state.

This means public works below RM50 million can proceed without the federal government’s approval.

The empowerment of JKR was one of the nine demands under MA63 that have been fully resolved to date, according to Deputy Prime Minister Datuk Seri Fadillah Yusof in March.

Other demands that have been resolved include the amendment of the Inland Revenue Board (LHDN) Act 1995 to allow the appointment of representatives of the state governments of Sabah and Sarawak as permanent members of the board, handover of administrative authority over Pulau Sipadan and Pulau Ligitan to the Sabah government, amendments to Articles 1(2) and 160(2)of the Federal Constitution as well as granting authority over licensing and deep-sea fishing to the state governments.

The amendment to Article 1(2) restores the definition of Sabah and Sarawak as constituent “territories” of Malaysia, while Article 160(2) included a formal definition of Malaysia Day as the day when Sabah and Sarawak joined the Federation.

The significance of these two amendments is that prior to this, the rights and privileges of both states could only be referred to as pre-constitutional documents, not as constitutional rights. The amendments restored Sabah and Sarawak as equal partners to Peninsular Malaysia.

Apart from these, other resolved issues include the handing over of the power to regulate gas supply in Sabah; the administration of the judiciary in Sabah and Sarawak; provision of guidelines for the retransfer of land reserved for the Federation in Sabah and Sarawak; as well as the handover of electricity regulatory powers to the Sabah government.

MA63 negotiations started almost a decade ago, when the late Adenan came into office in 2014. Being a lawyer, he knew the intricacies of MA63 and was the first to bring the federal government to the negotiation table after two years in office, in 2016.

MA63 is the agreement on the formation of Malaysia, signed between the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore. It is an international agreement registered with the United Nations, which means the Malaysian parliament has no authority to amend it.

Singapore was expelled from Malaysia in 1965 and became an independent state.

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