Service To The Rakyat – Transparency and Ethics Dimension
Sasana Kijang, Kuala Lumpur
13 February 2017
Bismillahirrahmanirrahim,
Assalamualaikum wa Rahmatullahi Wabarakatuh,
Salam Sejahtera,
Dan Salam 1 Malaysia.
Ladies and Gentlemen,
It is an honour to be with all of you today. I am especially privileged to speak at this forum organised by the Malaysian Economic Association. To be associated with its founding fathers who, in my mind, remain among the best this country have ever produced. Icons of the Public Service of our country. Epitomes of service and integrity. The likes of Allahyarham Tun Ismail Ali, Allahyarham Raja Tun Mohar, Allahyarham Tan Sri Jamil Rais, the late Dato’ Siew Nim Chee and Professor Diraja Ungku Aziz.
2. So, thank you for providing me with this platform to speak. More so, on a topic that I remain deeply passionate about. “Governance in the Public Sector: Service to the Rakyat”. Especially on the subjects of Transparency and Ethics. Although I have now retired from the Civil Service close to 5 years ago, when I turned 61, my more than 38 years in the service was so ingrained that I may still refer to it as “We” or “Our”.
Ladies and Gentlemen,
3. Less than 2 months ago, on 15 December 2016, at the platform of Kwasa Damansara station, I was extremely proud to witness the launching by YAB Prime Minister, Dato’ Sri Najib Tun Razak of the First Phase of MRT Line 1 – Mass Rapid Transit of the Sungai Buloh – Kajang line. That is the segment from Sungai Buloh to Semantan. Phase 2 from Semantan to Kajang would be completed by end of July this year.
4. As the first and former Chairman of MRT Corporation, I am very happy to see the efforts and hard work of so many men and women from various government agencies, be it at Federal or State level, Project Delivery Partner (PDP), contractors and many more – from the very first day when the project construction was officially launched by the PM on 8 July 2011 –has now become a reality. A reality benefitting the Rakyat.
5. The MRT is part of our nation’s Economic Transformation Programme (ETP) that will push for 50% of all journeys in Greater Kuala Lumpur to utilise public transportation; and improving the standard of living of the Rakyat. Through among others, freeing up man-hours from traffic jams, leading to increased productivity, and promoting more economic activities at the various stations and along its corridor. As well, cutting down the excessive carbon monoxide released into the atmosphere.
6. The MRT demonstrates that a government-led critical and massive project such as this, can be executed and delivered on schedule, and more importantly within budget. The MRT Line 1 when completed would cost just over RM 21 billion as compared to the planned budget of RM 23 billion. A savings of RM 2 billion. In fact the First Phase of the project was completed 16 days ahead of its target deadline of 31 December 2016.
7. And all these while also attaining 50% of the value of work packages awarded to Bumiputera companies relative to target of 43%.
8. One may wonder, how did the Government achieved this? What’s the secret – to deliver a project budgeted at RM 23 billion ahead of schedule and at a lower cost?
9. It is a cliché’ to state that plans or projects are meaningless unless executed. A variation of Bill Clinton’s successful campaign against then President George H W Bush: “It’s the implementation, stupid!”
10. Towards this end, we established the MRT EXCO to continuously track and monitor its progress and to resolve issues that may arise. Chaired by KSN, the EXCO comprised senior representative of relevant Ministries and agencies, including among others, MOF, EPU, MOT, Selangor State Government, DBKL, AG’s Chambers, Auditor General, PWD, DOE, MRT Corp, SPAD, PRASARANA and Project Delivery Partner (PDP).
11. The involvement of the Selangor Government was important because 31 kilometres out of the 51 kilometres MRT 1, are in the State of Selangor which has oversight on land and Development Approvals.
12. The AG’s Chambers was involved to ensure that all the legal procedures were followed; as were the Auditor General and MACC. The motivation for involving them was to ensure people do it right from the beginning, and not to catch the wrongdoings after the event!
13. Not all of us at the EXCO meetings were technical specialists but we listened to the Subject Matter Experts. If the other members or Subject Matter Experts have better ideas, we took that as our best idea. All information were shared across the board with openness so that it allowed for greater transparency amongst different stakeholders and government agencies; and to come out with the optimal decision. The best for the Country. Hierarchy of ideas, NOT hierarchy of positions. This enabled us, as a group, to arrive at informed decisions, within the 1 hour weekly meetings. And this has allowed us to monitor and track the progress of the project closely.
14. It was unanimously agreed that the MRT shall be delivered on time. We agreed that the Sg Buloh – Semantan segment would be completed by 31 December 2016 and the whole 51 kilometres to Kajang by 31 July 2017.
15. I recall that in the initial stages there were requests by some parties in the EXCO to extend the target completion date by 6 months; but this was not agreed by the EXCO. In addition the cost of the project was capped and locked in.
Ladies and Gentlemen,
16. I have just described to you that a project as massive as MRT Line One, can be delivered ahead of time and lower than budget. My challenge to myself all these years, and to all my colleagues who cared to listen:
Can’t we replicate the same model for all projects? What is stopping us? Would it not be good service to the Rakyat if we are to monitor the implementation of public funded projects the way we would monitor projects we pay with our own personal fund? Who says KSUs cannot act (in a good sense) like KSN; or TKSUs like good KSUs? It is all in the mind!
I like to believe that a person is promoted to be KSU because he behaved like and has traits of a (good) KSU. And, not so much someone behaves like a KSU because he is KSU.
Ladies and Gentlemen,
17. The MRT is a huge project. Built over 6 years at a cost of RM 21 billion. But it is only less than 10 % of Malaysia’s budget for just one year. Malaysia’s budget for 2017 is RM 260 billion. So: If the same level of discipline could be brought to the supervision of all other expenditures, where we have control or influence over, we need not worry about huge expenditures such as the MRT!
18. It does not matter whether the allocation is for development or operational, or whether it is huge or small, it is for each and every official of whatever level, to monitor the implementation of tasks under his purview. With responsibility.
19. I believe we have enough rules and regulations empowering the bureaucrats to do so. Such as the Financial Procedure Act and Treasury Instructions. And, the Controlling Officer for every Ministry is still the Secretary General of the Ministry! As well, the bureaucracy that implements policy decisions is under her purview.
INTEGRITY PACT
20. Pursuant to work in relation to the Government Transformation Programme (GTP), the Ministry of Finance issued a Surat Arahan Perbendaharaan effective 1 April 2010, on the implementation of Integrity Pact in all Government procurement activities. The Integrity Pact is aimed at preventing corruption in public contracting. This was by promoting transparency. It covers officers at all levels who are involved in Government procurement processes, Committee members related to procurement activities, Procurement Board Members, Bidders as well as on appointment of Consultants. With the implementation of this AP, various parties involved in the procurement activities end-to-end are required to make declarations, hence enhancing transparency in the whole process.
21. As part of the GTP, the Ministry of Finance also launched MyProcurement Portal underscoring the Government’s commitment towards transparency. Under this, the value and date of upcoming contracts, and subsequently the successful winners of tenders, are published on the website. To date, there are about 8,000 government contracts and tenders listed in this portal and I am made to understand that efforts are underway to further improve the MyProcurement portal, for greater transparency.
22. By the same token, if you visit the MRT Corporation’s website, you will see clearly the Tender List, Tender Schedule and Awarded Contracts in relation to the MRT.
23. I wish to state that transparency is within our control. We can make it happen. The policies, processes, and tools are all available within our grasps. Hence it is up to each individual, be in the Civil Service, the Bidders, the Project Owners – all must, in the words of then Chief Justice, Y.A.A Tun Hamid: “Buat Kerja!”
Ladies and Gentlemen,
24. This brings me to another point that I would like to highlight. “Buat Kerja” or “work” is easy. It is us that makes it difficult. We write various rules and regulations to address certain issues. A rule may be very relevant when it was first written, but over time it may become irrelevant. Or worse, becomes counterproductive. Sometimes we write rules that from the very outset pose difficulties. Perhaps we did not think through and we did not consult.
25. Unfortunately when approvals are difficult to get, and discretion or loopholes are available, economic value would be created by the difficulties. There are people who are willing to pay outside the system to get approval, or expedited approval.
26. The converse is also true. When the process is transparent, predictable and easy there is no reason for people to pay beyond the normal prescribed rate to get the service. THAT is the basis of the work of PEMUDAH which was established by the Government. PEMUDAH is anchored on a facilitative mindset, but without compromising integrity. An example of this is the Government commitment of payment within 14 days! When payment is simple, prompt and predictable, there is no reason to NOT make payment! When payment is simple, prompt and predictable, there is no reason to make payment!
27. I believe we should not have too many rules and regulations. That rules should be promulgated with inputs from the widest relevant stakeholders. And those rules once agreed, must be implemented and enforced. And, if they are no longer relevant they must be abolished. And, transparently.
28. However, transparency alone will not be sufficient. The people providing service, be it in the public or corporate sector, must have desirable values. Here the role of institutions such as universities and other IHLs, IIM (which I was privileged to chair when I was KSN), and INTAN are so critical in instilling these values. I would like to refer to them as The 10 Commandments. For me these are:
1. Customer / Rakyat Focus
2. Sense of Urgency
3. Complaint is a Gift
4. No Wrong Door (Collaboration / Whole of Government)
5. Seeking Knowledge / Continuous Improvements
6. Giving Honest Views (Courage to Speak)
7. Engagement
8. Integrity
Ladies and Gentlemen,
29. Let me expound on some of them.
CUSTOMER FOCUS
30. First, on Customer Focus. Or in today’s context, Rakyat Focus. This must be the raison d’etre. The reason for the existence of the Public Service. Why else do we want to be paid from the public fund, if not to serve the public, to the best of our ability?
31. I am going to give 2 examples:
1. The clerk in the Land Office in Pekan in the early 1960’s should receive the payment of Quit Rent from the villager from Cherok Paloh, even if the villager arrived when the office was about to close! Bear in mind that in those days, the villager would have to ride a bicycle and took the ferry in order to get to Pekan!
2. The clerk at the Sepang Land Office should collect payment of Quit Rent from Tan Sri Ismail Adam, when he arrived at the office around noon one day in October 2007, instead of asking him to come after lunch hour. Tan Sri Ismail Adam who was at that time the KPPA described his experience as “Cherok Paloh all over again!!”
32. So from time to time when I was the KSN I received complaints from people about the situation of “Cherok Paloh all over again” whenever they were made to run around in trying to get service from the public service. I am sure many of us have experienced being told to return either after lunch hour or the next day, or to bring irrelevant documents for a service that could be completed within a few minutes.
33. But this behaviour, I must add, is not exclusively confined to the public sector. I experienced many instances of much more tardy service from the private sector. Some people may retort that as a customer I have choices; and that I have the freedom to deny them my patronage. And, for me to vote with my wallet. However, what if that grocery store is the only one in the remote kampong? Or, the ATM is the only bank on Fraser’s Hill! So, my answer to that is, I am their Rakyat and my payment for the service or goods that the private sector provides, for example to Astro, is the “tax” that they collect from me and from others. Therefore they must be responsive to their “citizens” needs. No difference from the services expected from any Government department.
COURAGE TO SPEAK UP
34. Second value of public officials, is the courage to speak up and provide honest opinion. Speaking up doesn’t mean we have to shout. It just means that we share our honest thoughts and ideas, even though our idea may be different from our higher ranking officers. It is important that we give our views particularly if we are the expert in the field. In order that we can improve for the common good.
35. I find the unwillingness to “Tell Me” baffling. Some cited “there will be negative repercussions from higher authorities and I could be punished”. Others may argue “I can’t do much as I do not have the authority nor autonomy to act” or “I am just a junior officer. Nobody will listen to me”.
36. This is where, I believe we must promote a culture of allowing people to speak up, of giving warranted contrarian views. And, we must encourage and reward officers to traverse beyond just his or her department, division or ministry. One must see beyond one’s current remit. We do not have to wait to have certain job titles before having the courage to speak at that level of authority. We must have a culture of promoting “hierarchy of ideas rather than hierarchy of positions”.
37. In MITI where I spent 28 years, and later as KSN, I promoted officers who dared air better ideas and diverse perspective. The kind of people who could make me look like a fool in private, but allow me to be smart in public.
38. I am extremely happy that PETRONAS under President and Group CEO Datuk Wan Zul is promoting a set of Cultural Beliefs that include Shared Success, Nurturing Trust and Tell Me, where it is “safe” to give differing views. In addition, PETRONAS Whistleblowing Policy is made available, fully transparent and accessible to the general public. The policy is designed to allow both employees as well as external parties, be it vendors, sub-contractors or any member of the public to make a complaint. This is important for PETRONAS as it allows the organisation to address any misconduct by their employees. As enshrined in the MACC Act of 2009, this Whistleblowing Policy provides protection of confidentiality of identify. More importantly, it also protects employees against any adverse or detrimental action that may befallen the complainant within the scope of the employment.
Ladies and Gentlemen,
INTEGRITY
39. Let me now speak about Integrity. To me, integrity incorporates abhorrence of corruption – but it goes beyond it. It is about giving one’s best. Towards the role one is responsible for. About discharging one’s Amanah. Beyond just the minimum requirements. Beyond what is just good for the current position we are in. Integrity is about having the mindset of KSU even as an Assistant Director! Therefore integrity incorporates all the Commandments.
40. The test of integrity is about always doing the right thing, even when no one is watching. In fact, PARTICULARLY when NOBODY is watching! Like a golfer declaring for air shots.
Ladies and Gentlemen,
41. I am confident that a transparent service that is delivered with ethics, shall definitely promote more efficient and effective use of our resources. That is why going to the ground – turun padang – announced as well as unannounced, is useful. To see what’s happening on the ground. And, to do something about what can be improved on the ground.
42. However, in this digital age, we can go to the ground without physically going to the ground! There are so many people for example who are willing to tell us at night which street lights are not functioning, or where there are burst pipes. We only need to appreciate and be responsive to these feedbacks. In a way, to treat the Rakyat as Penjawat Awam. The flip side of Merakyatkan Perkhidmatan Awam.
43. And, I believe the Rakyat like it. I can say this with authority. Tan Sri Yong Poh Kon, my PEMUDAH Co-Chair and 9 other Corporate Bigwigs in PEMUDAH were pro-bono civil servants since we started it in 2007. Working on Malaysia’s ease of doing business and improving our country’s competitiveness. Actually I got a feeling they didn’t mind paying to be in PEMUDAH in order to make life easy for themselves; in very ethical ways. So are the rakyat who tweet, email or communicate by whatever means, asking for facilitation.
44. Before I conclude on this subject of ethics dimension of service to the rakyat, let me bring up the issue of Hippocratic Oath. The famous Hippocratic Oath which dates back to the Iconic Greek times in the 5th century BC was historically taken by physicians and other healthcare professionals swearing to practice medicine honestly. Although amended and revised over the years, one poignant commitment in this oath is, “That I will not withdraw from my patients in their time of need”. How does this Oath fare today where we have ambulance chasers and insurance companies ruling the medical industry? How does it fare with large pharmaceuticals said to be the main paymasters of political campaigns? How does it fare in a litigatious market that looks to sue medical practitioners for their every error?
45. And if Governments and Public Service are likened to physicians and health care professionals, how can it withdraw service from the B 30 or B 40 in their time of need? Isn’t that the oath of Government?
46. Having served in the public sector for almost 4 decades, I would argue, that the role of Government must not be devalued to only correcting the monetary demands of markets. It has to take into consideration the distributive justice which Aristotle spoke about in his work. The public sector’s role cannot be only to nudge, fix or incentivise good behaviour and, penalise and castigate the bad. It cannot be focused on just maximising GDP and balancing budgets. It must involve consumer experience and it has to lead in distributing social justice especially in fundamental areas like healthcare, education, housing and social cohesion. And, safety net by whatever name!
47. Let me end by referring to a reportedly old Arab saying which in essence means, “Justice lies in the heart of the judge”. There can be laws and there can be judges. However, ultimately justice can only be served where there is sound ethics in the hearts of those serving the judgement. The public service presides over the providence of the people of a country and so the service offered must realistically reflect the complexities of humanity.
Thank you.
Wabillahitaufiq wal hidayah, wassalamu’alaikum wa rahmatullahi wa barakatuh.