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Improving Administrative Performance in Malaysia The More Difficult Next Steps in Reform
Improving Administrative Performance in Malaysia The More Difficult Next Steps in Reform
Hong-Hai Lim
To cite this article: Hong-Hai Lim (2007) Improving Administrative Performance in Malaysia:
The More Difficult Next Steps in Reform, Policy and Society, 26:2, 33-59, DOI: 10.1016/
S1449-4035(07)70107-8
Hong-Hai Lim
Abstract
Despite past reforms, the Malaysian bureaucracy has lagged behind rising expectations. This paper
reviews past reforms and suggests changes in reform strategy and measures for improving both
the capacity and the will of public officials needed to raise administrative performance to meet
domestic and global pressures. Combining technological and political perspectives, it argues that
improving the will of public officials is both more important and more difficult than improving their
capacity. Improving the will to perform promises significant gains in performance, but it requires
reforms, mainly strengthening public control and making the bureaucracy more representative, that
entail significant sacrifice of the interests of entrenched elites and groups. Malaysia has reached a
juncture where she has to confront politically more difficult choices in administrative reform than
in the past.
motives” with “the constitutional rights of the place” (Madison 1788; in Rossiter
1961, 321-322). It may be noted that contemporary (and heavily private-sector-
oriented) management theory continues to emphasize capacity and will in its
basic prescription that managers secure the right human resources or employees,
provide them with the right means, and create the right environment (for
individual employees) to induce them to perform.
Yet when societies are conflict-prone, especially along communal lines, the
development of these (i.e. participative-control) capabilities should be secondary
in time and emphasis to the capacity of authoritative institutions to govern
and control them. (The strategy) emphasizes the priority of strengthening the
operational capabilities of the Malaysian administration, recognizing that more
Improving Administrative Performance in Malaysia - 37
The reforms so far undertaken under the unbalanced strategy largely consist
of personnel training, changes in the budgeting system, the improvement
of administrative processes and procedures, and the utilization of new
technologies. During the 1990s, some reforms then popularized by the New
Public Management have been added. These latter reforms give more attention
to the will or motivation of bureaucrats and include merit pay (or pay-for-
performance), client charters, and privatization. The system of merit pay (called
New Remuneration System) introduced in 1992 was plagued by problems of
measuring performance – in line with experience elsewhere – and was replaced
in 2002 by the present system (Malaysian Remuneration System) based on
competency as indicated by courses or examinations. Citizen charters setting
out standards of service delivery were also introduced and have remained, along
with inadequate efforts to monitor and correct failure to meet service standards.
The privatization program begun in the early 1990s (but recently slowed) has
transferred a large portion of public utilities and infrastructure to the private
sector. However, instead of fully bringing market competition to bear, it has
often created private monopolies and oligopolies for which effective regulation
remains both an acknowledged need and a continuing search.
Although attribution is hazardous and not all reforms have been adequately
or properly implemented, or even clearly useful, there can be little doubt that
the reform program as a whole has helped to shore up performance in the
rapidly growing Malaysian bureaucracy. However, dissatisfaction, including
among the country’s leaders, continues unabated and is even palpably mounting.
This reflects the pressure of higher domestic and foreign expectations, as noted
earlier, as well as glaring and persisting performance deficits. These deficits
include the following: delays and shortfalls in implementing development
plans and projects, unsatisfactory service delivery to citizens and other clients,
weaknesses in financial administration, unequal responsiveness and bias along
ethnic lines, and corruption.
Inheriting these problems, present Prime Minister Abdullah has made
improving the performance of the bureaucracy and fighting corruption high
priorities of his administration and taken some steps (to be noted later) toward
strengthening public control. However, performance has not noticeably
improved. Recent ratings of Malaysia by international bodies – now the object
of public attention in the country – have rapidly followed one another in
38 - Hong-Hai Lim
The first principle was to work within the existing structure. This had two major
consequences: to accept the legitimacy of an elite corps of … policy officers
and generalist administrators, superior in power and status to other groups of
officials; and to acquiesce in Malay control of this elite corps through the existing
quota system. As a practical matter, the report (i.e. the proposed reforms) would
not have been accepted or even seriously considered if it had challenged either
of these arrangements.
40 - Hong-Hai Lim
The elite corps of generalist administrators is now called the PTD (Perkhidmatan
Tadbir dan Diplomatik; in English, the Malaysian Administrative and Diplomatic
Service). While accepting the superior status and policy-advising role of the
PTD, Esman clearly saw the need to strengthen its policy capacity. Towards this
end, he proposed that PTD officers specialize in broad functional or policy areas.
However, the proposal has not been seriously implemented by the generalist-
controlled central personnel agency (Esman 1972, 185-195). This oversight is
increasingly insupportable in today’s world. The integrative role of generalist
administrators remains valuable, but some functional-area specialization
within the PTD is urgently needed for strengthening the policy capacity of the
Malaysian bureaucracy.
The problem of improving bureaucratic capacity and performance generally
in multiracial Malaysia has importantly to do with race, or the need to balance
the interests of various races. As Malays lag behind Chinese and Indians in the
private sector, they (i.e. Malays) are given preferential access to public sector
jobs. Malay control of the PTD is an important part of this policy of preferring
Malays in staffing the bureaucracy. As Malays also lag behind Chinese and
Indians in educational achievement, this policy entails the dilution of the merit
system in the bureaucracy, a dilution that inevitably compromises bureaucratic
performance in terms of effectiveness and efficiency.
The policy of Malay preference has not only diluted merit but also resulted
in a predominantly Malay bureaucracy and one that is more responsive to Malays
than to other races. This has produced effects that are increasingly worrisome,
not least to the racial groups not sufficiently represented in it. To reduce these
negative effects, the bureaucracy has to be made more representative of the
country’s multiracial society. This can be done – and can best be done – by
strengthening merit, which would also improve bureaucratic effectiveness
and efficiency. The need for and the complexities of strengthening merit and
representativeness in the country’s multiracial context is examined in more detail
in the next section.
Table 1
Representation by Race in the Malaysian Bureaucracy: 2005
Source: Reply by Mohd. Johari Baharum, then Parliamentary Secretary in the Prime Minister’s
Department, to a question in the Senate (Dewan Negara) on 7 December 2005. It was reported in the
Chinese-language daily Oriental Daily News, 8 December 2005. The figures do not include the police
and armed forces.
Table 2
Index of Representation by Race in the Malaysian Bureaucracy:
2005
(1999, 355) observes that bureaucrats in racially divided societies “are socialized
into a sense of professional obligation to members of their own community and
fear the sanctions of their community if they fail to comply”.
As explained earlier, unfair treatment of under-represented races is almost
inevitable and likely to be significant when the bureaucracy is dominated by
one race in a racially divided society, and this is not just because of bureaucratic
partiality. The problem becomes more serious when public control is inadequate,
as is the case in Malaysia. Occasional reminders by government leaders – such as
that by a Malay deputy minister to the mainly Malay staff in public schools and
universities “to be fair” to non-Malay students so as not to “alienate” the younger
generation of non-Malays (New Straits Times, 21 October 2003) – are unlikely to
be inadequate for countering built-in values and inclinations, especially in the
absence of specific machinery for investigating and correcting racial bias.
A highly unrepresentative bureaucracy, therefore, has serious implications
for equity in administration and consequently for trust in the bureaucracy,
government legitimacy and national unity (i.e. race relations) in the country. After
reports of blatant bias by Malay police in handling an outbreak of interracial
violence in 2001 (i.e. in Kampung Medan), then Prime Minister Mahathir has
reportedly acknowledged the need for a “sufficiently representative” bureaucracy
for promoting national unity (New Straits Times, 20 May 2001):
The country’s past reforms and persisting performance shortfalls also strongly
point to the need to strengthen public control. Public control is used here
generally to refer to all forms and mechanisms of public pressure on the
government, including the bureaucracy, to improve performance. To repeat,
performance requires not just capacity but also the will to perform – the will to
make full or adequate use of available capacity and indeed to acquire or develop
more capacity if it is needed (and, as already argued, it is almost certainly
needed). Public control is as important for ensuring the will to perform in the
public sector as the market is in the private sector, or as regulation is in the
highly imperfect markets faced by privatized entities. Madison (1788; in Rossiter
1961, 322) famously stated both the need and the means of public control in
Federalist 51 as follows:
areas and advantages the mainly bumiputra rural areas. Second is the supplemental
use of gerrymandering in the increasingly racially mixed urban centres to carve
out bumiputra-majority constituencies that favour the ruling coalition vis-à-vis
the non-bumiputra opposition. The ruling coalition is thus sheltered not only
from urban voters who probably care more about good governance than their
patronage-oriented rural counterparts, but also specifically from the opposition-
inclined non-bumiputra voters concentrated in urban areas. Third, the much
improved performance of the Malay opposition party at the expense of UMNO
in the 1999 election has led to the use of gerrymandering outside urban areas
against the Malay opposition party in the subsequent 2003 delineation exercise
(Ong and Welsh, 2006).
The fear of being ousted from power and being at the receiving end, therefore,
has not been an effective brake on the government’s drive to increase executive
powers (see Crouch 1996, 77-95 for a useful summary) and also to weaken and
exert its control over what Madison called the auxiliary mechanisms of public
control – parliament, judiciary, NGOs and the press – that also control the
executive and not just the bureaucracy. To control public officials (and others),
the executive has chosen to rely more on agencies that are formally and wholly
under its own direction or control. This strategy may simply be called executive
control in contrast to public control. Thus the government has set up the Anti-
Corruption Agency and Public Complaints Bureau and placed them directly
under the Prime Minister. It rejected a key proposal made in 1990 to set up an
independent, non-partisan commission for monitoring policy implementation,
even though the proposal came from a widely representative body (National
Economic Consultative Council) set up by the government to deliberate on
post-NEP national policy. To assist his anti-corruption campaign, the present
Prime Minister has increased the staff of the Anti-Corruption Agency and
set up the Malaysian Integrity Institute, which, like the others, are under his
office and staffed by bureaucrats. In line with executive control, he continues
to resist calls to make the Anti-Corruption Agency independent or responsible
to parliament and to set up an ombudsman in place of or in addition to the
Public Complaints Bureau. The most important recommendation of the royal
commission on the police set up by him is an independent commission to deal
with public complaints against the police. At the time of writing (mid-2007), or
more than a year after the proposal was made, the government is still considering
what to do with it.
Not surprisingly, Malaysia has long been regarded by scholars as a semi- or
quasi-democracy (Zakaria Ahmad 1989; Case 1993) – and now also as a “flawed
democracy” by The Economist in its 2006 Democracy Index. This index gives
Malaysia a rank of 81 among 167 countries, the lowest placing in the category of
Improving Administrative Performance in Malaysia - 49
“flawed democracies”: one slip and the country would lose its democracy label
altogether. More pointedly, of the 6 indicators in the World Bank’s Worldwide
Governance Indicators: 1996-2005, the indicator that is similar to public control,
i.e. “voice and accountability”, is also the one on which Malaysia performs the
poorest in 2005, with a percentile score of only 34.3 compared to over 60 on all
the other indicators.
Government leaders have always contended – in fact, even before
independence (Lim, 1989) – that a strong government, i.e. one endowed with
wide powers and subject to minimum checks in its exercise of these powers, is
needed for ensuring order in the racially divided and therefore volatile plural
society. One does not need to doubt this argument or leaders’ belief in it to
note that weak public control also makes the lives of ruling politicians more
comfortable – and that, more probably than not, this is also part of the reason
why ruling politicians in Malaysia have weakened instead of strengthened public
control.
However, weak public control has predictable effects. It reduces pressure on
bureaucrats to perform. It also reduces pressure on political leaders to perform,
including in their important task of pushing bureaucrats to perform. The will
of public officials (politicians and bureaucrats) to perform their duties and not
to perform prohibited acts may remain inadequate or be lowered, as they can
neglect their duties and commit wrongdoing with a high degree of impunity
or little fear of punitive consequences. Weak public control therefore allows
and thus encourages public officials to slack, i.e. to not perform their duties or
perform them poorly and slowly, and indulge, i.e. commit wrongful actions such
as racial bias and corruption.
There are already ample signs of slack and indulgence among public officials
in Malaysia. These manifestations of inadequate will – as opposed to capacity –
largely account for the five main performance weaknesses identified earlier (and
repeated here): delays and shortfalls in implementing development plans and
projects, unsatisfactory service delivery to citizens and other clients, weaknesses
in financial administration, unequal responsiveness and bias along ethnic bias,
and corruption. Any doubts that will rather than capacity is mainly at issue
should be cleared by the following words of the former Chief Secretary before
his retirement (New Straits Times, 5 November 2003):
I am still receiving complaints of officers who go missing from their seats, misuse
office vehicles, chat incessantly, don’t answer telephones, deal roughly with clients
and ask for bribes. There are also many other negative activities going on in
government departments that the public are not aware of, such as cheating on
punch-in cards, truancy, avoiding work, doing personal work during office hours
and incessantly being on the phone.
50 - Hong-Hai Lim
The same Chief Secretary has also questioned, but more politely, the
performance of public managers by noting that “what happens behind the
counter determines the quality of service at the counter” (New Straits Times, 3
March 2004). Evidently, many public managers are not managing (practicing
“management-by-default”?) and neglecting to ensure that their subordinates
perform their assigned duties. Another former Chief Secretary has lamented
the reluctance of department heads to take disciplinary action against errant
staff (Ahmad Sarji 1996, 253-258). Figures on disciplinary cases from the
Public Service Commission for the period 1989-98 bear this out: The cases
in each of these years amounted to less than a quarter of one percent of total
bureaucrats; they also decline in absolute numbers, even though the number of
bureaucrats and of public complaints has increased over the period (Abdullah
Sanusi Ahmad, Norma Mansor and Abdul Kuddus Ahmad 2003, 137). As
pointed out by a senior officer of the Anti-Corruption Agency (New Straits
Times, 3 February 2007), departmental heads even ignore recommendations by
the Anti-Corruption Agency to take action against staff believed to be corrupt
(but not brought to court because of insufficient evidence). Failure to enforce
basic discipline among subordinates largely reflects inadequate will rather than
inadequate capacity on the part of public managers. Increasing management
training, it may be noted, addresses the latter cause more than the former.
One should also ask why public managers are slacking and follow the chain
of causation right up to their political superiors or ministers. Ministers have
often publicly complained of poor management by public managers and that
bureaucrats are under-performing relative to their capacity. In response to
the latest call by the umbrella public sector union for more staff and pay, the
Human Resources Minister has pointedly replied that, notwithstanding staff
shortage in certain categories, the public sector is generally overstaffed and that
“the important thing is to increase productivity and not increase the number
of workers” (New Straits Times, 18 December 2006). Ministerial heads, past or
present, cannot be unaware of corruption in the customs department, the road
and transport department or the police, to cite some prominent and persisting
examples. Corruption is not confined to bureaucrats and may even be more
serious among ruling-party politicians. Money politics is common, especially
in UMNO, along with self-serving political influence on most important
distributive and regulatory decisions in the government. However, ministers
have not made enough effort to overcome these problems. Most Malaysians
believe that some ministers may be guilty of more than just omission in making
public managers manage and checking corruption within their departments,
although few have been as bold as the reporter who responded to a minister’s
complaint about bureaucratic corruption by asking (and dumbfounding) her
Improving Administrative Performance in Malaysia - 51
arrested are almost all small rather than big fish. The government has pleaded
the difficulty of obtaining evidence. It has also stressed the primary importance
of values, pleaded for more time to change values through courses and seminars,
and set up a new executive agency (the Malaysian Integrity Institute) primarily
for this purpose. However, these measures are widely seen as inadequate. The
country’s rating by Transparency International has continued to slide and public
disappointment has set in. There is even reason to doubt whether the campaign
is on the right track. Posing “the question of whether the motives and ethics of
public servants can be intentionally changed – re-designed by politicians and/or
by management”, Pollitt (2003, 146) provides the following sobering summary
of available evidence: “The short answer seems to be: ‘only by a considerable
effort, on several fronts and using different tactics, over a sustained period of
time.’” (Even shorter: tough and demands too much time and effort. Note
that the difficulty of changing values also underlies the need for making the
bureaucracy more representative.) Pollitt (2003, 147) also observes: “Rascals
will be rascals, and the existence and vigorous use of disciplinary procedures
are likely to be a much more important curb on their activities than codes of
ethics”. In other words, only punitive action, not talk or preaching of values, can
replace impunity with consequentiality and stem corruption.
Why is the campaign long on preaching values and short on punitive action?
One reason is belief that efforts to change values will work. A more probable
reason is the Prime Minister’s fear of losing political support i.e. the support
of other leaders in his party and the support that most Malay bureaucrats have
long shown for UMNO. An UMNO leader and also “close family member” of
the Prime Minister has explained as follows: “We can’t take on the whole system
– that’s too hard” (Vatikiotis and Jayasankaran 2004, 22). Even more pointed is
the reply of the Prime Minister himself when asked about “the need to reform
the political culture in UMNO to combat corruption”: “That’s easier said than
done, and it’s just not practical. The person leading the government must also
be leader of the party” (Vatikiotis and Jayasankaran 2004, 22). Opinion can
differ as to whether the Prime Minister was (or is) in a position to act against the
corrupt within his party and whether the 2004 runaway electoral victory, which
must have bolstered his position, has not also weakened his will. The challenge,
however, is clear: Public control must be strong enough to overcome the Prime
Minister’s reluctance or to make good any deficit in his political will, including
by overcoming the political forces that account for his reluctance.
There is no adequate substitute to effective public control for overcoming
existing deficiencies in will and hence slack and indulgence among public
officials. Strengthening public control may not produce results immediately, but
it would probably do so in less time than it takes to change the values of public
Improving Administrative Performance in Malaysia - 53
officials. For top leaders, strengthening public control is also more practical or
feasible than taking punitive action against politically important offenders. More
effective public control would then help top leaders to check these offenders
and even strengthen the hand of top leaders in taking action against them.
However, top leaders must also be willing to pay a price. More effective public
control would also subject top leaders to more scrutiny and pressure to perform.
Their lives too would become more difficult – or have to be better able to
stand scrutiny. This is a potentially powerful disincentive for all power-holders
to strengthen public control – even if they believe in it in principle and desire
its benefits. However, not to strengthen public control entails a big price for the
country, a price that threatens to get bigger with globalization and hence also to
redound upon the reputation and position of political leaders.
In welcome contrast to his predecessors, Prime Minister Abdullah has taken
some steps towards strengthening public control since assuming the post in 2002.
He has acknowledged the role of NGOs as society’s watchdogs and sentinels
to inform the government of weaknesses in public administration. Under him,
the press has become palpably freer, even bolder in exposing government
weaknesses. Some changes have also been made to reinvigorate parliament.
Select committees have been set up to examine pressing national problems –
these are not to be confused with the select departmental committees found
in some parliamentary countries for shadowing and scrutinizing particular
government departments or ministries. For the first time the deputy chairman
of the Public Accounts Committee has been appointed from the opposition
– although, contrary to widely established parliamentary convention, the
committee’s chairman continues to be a government member.
These changes are a useful start, but much more needs to be done to make
public control effective. Existing mechanisms of public control need to be
strengthened or allowed to play their role by removing or relaxing the executive
controls on them that have accreted over the years and that inhibit their will
and capacity. The present tight legal controls on NGOs and the press should
be relaxed. Parliamentary scrutiny of administration should be strengthened by
various reforms within parliament, including revising rules and practices that
restrict scrutiny by opposition members (see Ong 1987), requiring ministers
to provide more adequate answers, introducing bipartisan select departmental
committees, and appointing an opposition member to chair the Public Accounts
Committee. Secrecy in government has to be reduced, as it seriously hampers
public control, whether inside or outside parliament. On many matters, it is
doubtful whether secrecy does anything more than protects their handling from
public scrutiny. For example, in a recent controversy, the agreements between
the government and companies operating toll highways and public utilities
54 - Hong-Hai Lim
under the privatization programme were held to be secret and denied to NGOs
questioning tariff increases (The Sun, 5 February 2007). The importance of
reducing secrecy is also well explained by Madison (1822; in Padover 1953, 337):
“… a people who mean to be their own governors must arm themselves with
the power knowledge gives. A popular government without popular information
or the means of acquiring it is but a prologue to a farce or a tragedy or perhaps
both”.
Scholars of public administration typically confine their attention to
auxiliary controls, but Madison reminds us that public control also includes the
government’s primary dependence on the people through elections. As Scott
(1996, 425) has noted in his examination of the British parliament, auxiliary
controls may have to rely for their effectiveness primarily on informing and
influencing voters when they exercise their primary control over the government.
In Malaysia, public control through elections is weak, for reasons already
explained. Since independence, the government has held over two-thirds of
parliamentary seats with between half and two-thirds of total votes. The last
election in 2004 has increased its parliamentary majority to a record 90.9 percent
(199 of 219 seats) on the basis of 64.3 percent of total votes. With such a
dominant position, is it any wonder that the government has not felt compelled
to do more to curb corruption and improve administrative performance, or to
strengthen auxiliary controls for these purposes?
Scholars generally agree that elections in Malaysia are free but not fair, and
that reform is needed to enhance fairness (see Lim 2005; Lim and Ong 2006).
Making elections fairer would not lead to a change in government because of the
lopsided party system. However, it would reduce the ruling coalition’s majority
in parliament. Two main approaches to making elections fairer in Malaysia
have been identified. The first, replacing the first-past-the-post electoral system
with some form of proportional representation, would lead to a much bigger
reduction in the government’s majority, i.e. from 90 to about 65 percent of seats
in the last election in 2004. The second approach, “cleaning up” or removing
unfair practices in the existing first-past-the-post electoral system, would effect
a much less drastic but probably still non-trivial reduction in the government’s
majority.
Making elections fairer would improve government performance, besides
other important benefits for the political system. The government’s reduced
majority under fairer elections would mean more opposition voice and therefore
more effective scrutiny of government in parliament. It would also make the
government’s two-thirds majority – this is required for amending the constitution
and therefore considered important by the government – more vulnerable to the
swings in voter support that have occurred in the past. The government would
Improving Administrative Performance in Malaysia - 55
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