KUALA LUMPUR (Oct 5): A comprehensive integrity mechanism should be adopted as the fourth branch of government to act as a check and balance on all constitutional institutions, says Election Commission chairman Datuk Azhar Azizan Harun.

This mechanism should be manned by credible experts and supported by a code of conduct and audit processes for every constitutional institution, he said.

Azhar was speaking on the topic of Malaysia’s Reform Programme at the inaugural LawAsia Constitutional and Rule of Law Conference in Petaling Jaya on Saturday.

He pointed out that the EC, for example, does not have any oversight system.

For the purpose of redelineation, the EC makes the initial recommendation, publishes it, then hears objections against the recommendation. It adjudicates the objections and comes out with a second recommendation. This will be publicly displayed and EC will again hear objections against its own action, adjudicate that objection and come out with a final recommendation, which is final. This will then go to the prime minister, said Azhar.

“If that is not a mockery of the principle of natural justice, I don’t know what is. How can we adjudicate on our own action?” Azhar asked.

“Similarly, with the electoral roll, we hear objections against our own action, so there is no check and balance at all,” he said.

“I would therefore propose a robust check and balance mechanism. I would love to have a properly constituted, free and fair institution to check and balance the actions of the EC and of every other constitutional institution,” said Azhar.

This institution could be manned by retired judges, men of integrity, legal experts and other experts that are needed to adjudicate such matters, he said.

Azhar proposed that the assessment mechanism would include a code of conduct for every institution in the public sphere.

He envisaged that the assessment mechanism would assess the conduct and performance of every public official and every constitutional institution.

Azhar noted that the Speaker of Parliament had formed select committees that can summon public officials to appear before them, but these committees do not yet have any legal powers.

If implemented, the assessment mechanism will grant a certain degree of legitimacy to every constitutional institution and public official, Azhar said.

The assessment mechanism would include an audit committee stationed at every constitutional institution, he said.

While observing the Australian election recently, Azhar noted that there was an auditor at every institution including the Election Commission who audited its performance, standards and Key Performance Indicators.

The auditor is an independent expert who assesses every aspect of performance and comes up with recommendations, which the EC very rarely disagrees with, said Azhar.

Currently, Malaysia has an Auditor-General, but the scope of the AG’s duties is limited to auditing expenditure, procedures concerning procurement and such matters, he said.

“We do not really have an auditor who serves as a risk manager,” said Azhar.