Topic 3

System of Government Administration (Pre-U 2009)

Separation of powers is a basic doctrine in modern democratic government.

Government Structure:

Montesqieu , a French philosopher, published The Spirit of the Law in 1748

Three powers of government: Legislative, executive and judiciary, to avoid
dictatorship and arbitrary rule and to prevent oppression and interference

1. Legislative
2. Executive
3. Judiaciary

Federal
Parliament
Cabinet Ministers
Federal Court, etc

State
State Legislative Assembly
EXCO Members
High Courts, Syariah Court

Legislative Body

The federal legislative body consists of:

1. The Yang di-Pertuan Agong
2. The Parliament: a) The House of Representatives, Dewan Rakyat
b) The Senate, Dewan Negara

Each state consists of a State Legislative Assembly.

The Role of Legislative Authority:

Responsible to make, amend and/or repeal law according to the federal or state
constitution

Executive Body

The Federal Executive Body (Federal Government) consists of:

1. The Yang di-Pertuan Agong
2. The Prime Minister
3. The Cabinet
4. Ministry
5. Department

State Government (including the Local Government)

The Role of Executive Authority:

Responsible to govern and police the law at various levels

Judiciary Body

The judiciary hierarchy consists of:

1. Federal Court
2. Appeals Court
3. High Court: Malaya, Sabah & Sarawak
4. Session Court
1

5. Magistrate and Juvenile Courts

Other courts
1. The Special Court
2. The Industrial Court
3. The Military Court
4. The Syariah Court (at the State level, governs Muslims only)
The Role of Judiciary Authority:

Responsible for enforcing the laws made by the legislative power.

8. THE CABINET SYSTEM

The Executive
The Cabinet

The cabinet is embodied in the Constitution (Article 43).

The cabinet is made up of those who represent the party/parties with a majority in
the Parliament.

Ministers have collective responsibility on decisions made by the Cabinet.

The cabinet is headed by a Prime Minister with ministers appointed by the Yang
di-Pertuan Agong on the advice of the Prime Minister.

The Role of the Cabinet

To determine the policies of the government

To act as an advisory body to the Yang di-Pertuan Agong

To issue directives for their implementation by the government machinery at the

federal and state levels

Prime Minister
1. The appointment of the Prime Minister (PM) as chief of the Cabinet, is performed
by the King.
2. The PM is chosen from among the members of the House of Representatives
(MPs) and is believed to have the support of the majority of the MPs.
3. Ministers can be appointed from the House of the Representatives or the Senate.
4. If the PM fails to have the support of the members of the Cabinet and/or the
majority of MPs, he has to resign.
5. He is:
a) Head of Cabinet Ministers
b) Head of Administration
c) Head of the ruling party/coalition government
2. Our Prime Ministers in sequence:
a) Tunku Abdul Rahman (1957 1970)
b) Tun Abdul Razak (1970 1976)

c) Tun Hussein Onn (1976 1981)

d) Tun Dr MahathirMohamed (1981 2003)
e) Datuk Seri Abdullah Ahmad Badawi (from Oct 2003 to present)
9. MINISTRY (Information Malaysia 2002 Yearbook)
Federal Government Administrative Machinery
1) The King
2) The Cabinet
3) Cabinet Portfolios, National Action Council, National Economic Council,
National Safety Council
4) Prime Minister Department
5) Ministries
6) Departments, Agencies and Commissions
a) Departments (e.g.: Audit Department, Public Services Department,
Parliament Department)
b) Agencies (e.g.: Anti-Corruption Agency, Economic Planning Unit (EPU),
Malaysian Administrative Modernisation and Management Planning Unit
(MAMPU), BERNAMA
c) Commissions (e.g.: Public Services Commission and Election
Commission)
Ministry can be defined by a government department presided over by a minister.

Ministers are members of the Cabinet.

A minister is responsible to carry out the duties entrusted upon him according to
the Ministers Responsibilities Act.

Types of Ministries (http://www.mycen.com.my/search/ministry.html)

1. The Prime Ministers Department
2. Ministry of Agriculture and Agro-Based Industry
3. Ministry of Arts, Culture and Heritage
4. Ministry of Defence
5. Ministry of Domestic Trade and Consumer Affairs
6. Ministry of Education
7. Ministry of Energy, Water and Communications
8. Ministry of Entrepreneur and Cooperative Development
9. Ministry of Federal Territories
10. Ministry of Finance
11. Ministry of Foreign Affairs
12. Ministry of Health
13. Ministry of Higher Education
14. Ministry of Home Affairs
15. Ministry of Housing and Local Government
16. Ministry of Human Resources
17. Ministry of Information
18. Ministry of Internal Security

19. Ministry of International Trade and Industry

20. Ministry of Natural Resources and Environment
21. Ministry of Plantation Industries and Commudities
22. Ministry of Rural and Regional Development
23. Ministry of Science, Technology and Innovations
24. Ministry of Tourism
25. Ministry of Transport
26. Ministry of Women, Family and Community Development
27. Ministry of Works
28. Ministry of Youth and Sports
MINISTRY OF EDUCATION

Minister
Deputy Minister
Parliamentary Secretary

Departments
1)
Schools Department
2)
Technical Education Department
3)
Higher Learning Department
4)
Islamic and Moral Department
5)
Private Education Department
6)
Special Education Department
7)
Curriculum Development Centre
8)
Dewan Bahasa dan Pustaka (Institute of Language and Literature
Malaysia)
9)
Malaysian Schools on the Internet
10)
Higher Learning Institutions
11)
National Library
Mission
To develop a world class quality education system which will realize the full potential of
the individual and fulfil the aspiration of the Malaysian nation.
Objectives

to produce loyal and united Malaysians

to produce knowledge individuals with high moral standards
to provide human resources for the needs and development of the nation
to provide education opportunities for all Malaysians

Functions and Organisation

The Ministry of Education is responsible for the maintenance, development and progress
of education in the country and its authority extends over all educational institutions from
the kindergarten to the university.

MINISTRY OF FINANCE

Minister
Deputy Ministers
Parliamentary Secretary
Departments
1)
Perbendaharaan Malaysia
2)
Royal Customs and Excise Department
3)
Valuation and Property Services Department
4)
Accountant Generals Department

Agencies (Statutory Bodies)

1)
Central Bank of Malaysia
2)
The National Savings Bank
3)
The Inland Revenue Board of Malaysia
4)
Securities Commission
5)
The Employees Provident Fund
Objectives

To formulate, plan and implement fiscal and budgetary policies

To promote sustainable economic growth
To improve national economic resilience
To ensure a more equitable sharing of national wealth

Ministry of Youth and Sports

Minister
Deputy Minister

Parliamentary Secretary
Objectives

To develop a society of young people who are united, disciplined, well-mannered,

progressive, energetic and active in the economic and social fields
Functions

to equip the youths with various vocational and entrepreneurial skills through
formal training at National Youth Skills Institutions (IKBN)

to produce responsible, dynamic and progressive youths with good leadership

qualities through programmes carried out at district, state, national and
international levels

to encourage more people to adopt an active lifestyle through the strategy of

Sports For All and the introduction of the Active Malaysia concept

to improve Malaysias achievement in the field of sports at national and

international levels

Structure of Government

The structure of government and administration is generally divided into the

federal level and the state level.

At the federal level, the executive tasks are carried out by members of the Cabinet
on behalf of the Yang di-Pertuan Agong.

At the state level, they are carried out by the members of the State Executive
Council on behalf of the Sultan/ruler or the Yang Dipertua Negeri.

10. LOCAL GOVERNMENT (Nazaruddin, p 85)

System of government: Federal and State governments

Local government is formed for the purpose of administering and managing the
district or local settlement. This is called devolution (handing down of power).

Local government has the power to make decisions quickly and efficiently for the
interests of the local inhabitants.

The members of the local council are appointed by the state government.

The decentralization occurs at the state governments whereby the federal

government cannot question decisions made and methods of implementation
taken at this level. This type of decentralization is known as de-concentration
which practises power sharing.

Role and Management

Local government existed since 1976 with the gazette of Local Government Act.

Areas under its jurisdiction include the aspect of cleanliness, beautification,

recreation, business, the supervisory control of buildings, construction and
maintenance of roads, etc.

Its role is to enhance the quality of life of the local community.

Council members are appointed to take care of its administration and finances.

The sharing of responsibility between the state government and the local
government shows a smart sharing relationship via the devolution principle.

It was created to enable the local inhabitants to take part in managing their own
affairs and interests.

The body has the power to have by-laws for the purposes of imposing taxes, rents
and charges for other services.
There are two kinds of Local Government: 1) Town Council for urban areas of big
cities 2) District Council for smaller towns.

11. COMMISSION (Information Malaysia 2002 Yearbook)

Commission is a group of people officially appointed by the Agong to investigate
something and write a report.
Objective:

To carry out the duties of the government fairly and efficiently

Public Service Commission

to ensure that the candidates it appoints to serve are qualified, capable and
trustworthy
to appoint, confirm, emplace on permanent or pensionable establishment
- to transfer and exercise disciplinary control over members of the service

Election Commission

to uphold, supervise and maintain the democratic process of the country through
fair and just elections

to ensure freedom for people to elect their representatives

to carry out registration of voters and the revision of electoral rolls
to review parliamentary and state constituencies from time to time

Education Service Commission

to provide an impartial, just and efficient service towards creating a responsible,

efficient, capable and disciplined Education Service

to appoint, confirm, emplace on the permanent and pensionable establishment

to transfer in service, exercise disciplinary control and handle disciplinary appeals

Malaysian Armed Forces Council

to defend the nation and its strategic interest against all forms of aggression
to support the civil authority in maintaining internal security
to provide assistance during national disaster
to contribute to national development programmes
to support the national foreign policy by involving in peace-keeping missions
under the United Nations

Police Services Commission

to formulate the policy on how the Forces will be organized, administered and
operated

to provide direction on conditions of service, personnel, recruitment, training,

research and planning, internal security and public order, communications, marine
police, the Criminal Investigation Department (CID) and the Special Branch (SB)

Non-Permanent Commission

To look into an urgent national problem/issue/tragedy

To suggest recommendations/solutions to government

Example:
1)
Firecracker factory explosion in Sungai Buluh, Selangor
2)
Royal Police Commission recommended the setting up of an Independent
Police Complaints and Misconduct Commission (IPCMC)