A constitutional expert has lambasted the labelling of civil servant who attended the anti-goods and services tax (GST) rally as traitors, saying the pledge of loyalty binding them was unconstitutional.
Abdul Aziz Bari (left) said public servants are not required to be loyal to the government of the day but instead, are only required to be implement government policies, “so long as these are within the law”.
He was referring to the warning issued by Congress of Union of Employees in the Public and Civil Services (Cuepacs) president Azih Muda on Thursday that civil servants who took part in the rally would be breaching the Akujanji (loyalty pledge) and Ikrar Perkhidmatan (code of conduct), and would be considered traitors unfit to hold government positions.
He said Azih was mistaken as the Akujanji “forced upon” civil servants by former premier Dr Mahathir Mohamad’s administration in 2000 went against the constitution.
“Under the constitution, civil servants, or public servants, as the constitution termed it under Article 132(1) of the federal constitution, which include the military and police personnel, they are only required to be loyal to the King and country,” he said.
Public servants, he said, should be able to participate in the rally, as long as it is outside their working hours.
He cited the recent Court of Appeal ruling that stated the right to peaceful assembly is guaranteed under federal constitution and hence,“cannot be criminalised”.
He further claimed that while the BN government expected government staff to abide by the Akujanji during such rallies, BN, however, “encouraged them” to disobey it when it comes to Pakatan Rakyat states.
Meanwhile, Azih’s (right) statement also drew a rebuke from former deputy higher education minister Saifuddin Abdullah.
Taking to Twitter, Saifuddin questioned if this would mean public servants must remain silent even in the face of government cruelty.
“Does that mean that even if there is a government that is highly cruel (maha zalim), civil servants must remain loyal?
"(Is it that) if they do not agree, they should quit and let the government continue to do wrong?” he tweeted.
Abdul Aziz Bari (left) said public servants are not required to be loyal to the government of the day but instead, are only required to be implement government policies, “so long as these are within the law”.He was referring to the warning issued by Congress of Union of Employees in the Public and Civil Services (Cuepacs) president Azih Muda on Thursday that civil servants who took part in the rally would be breaching the Akujanji (loyalty pledge) and Ikrar Perkhidmatan (code of conduct), and would be considered traitors unfit to hold government positions.
He said Azih was mistaken as the Akujanji “forced upon” civil servants by former premier Dr Mahathir Mohamad’s administration in 2000 went against the constitution.
“Under the constitution, civil servants, or public servants, as the constitution termed it under Article 132(1) of the federal constitution, which include the military and police personnel, they are only required to be loyal to the King and country,” he said.
Public servants, he said, should be able to participate in the rally, as long as it is outside their working hours.
He cited the recent Court of Appeal ruling that stated the right to peaceful assembly is guaranteed under federal constitution and hence,“cannot be criminalised”.
He further claimed that while the BN government expected government staff to abide by the Akujanji during such rallies, BN, however, “encouraged them” to disobey it when it comes to Pakatan Rakyat states.Meanwhile, Azih’s (right) statement also drew a rebuke from former deputy higher education minister Saifuddin Abdullah.
Taking to Twitter, Saifuddin questioned if this would mean public servants must remain silent even in the face of government cruelty.
“Does that mean that even if there is a government that is highly cruel (maha zalim), civil servants must remain loyal?
"(Is it that) if they do not agree, they should quit and let the government continue to do wrong?” he tweeted.
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