EAIC / BIGoNS Policing the enforcers

 

The post is by EAIC and the Sabah equivalent is Bahagian Integriti dan Governans Negeri Sabah (BIGoNS)

On 12.8.2025, before going for my meeting with BIGoNS,I read the above on Facebook and commented as follows:

Is this one of those questions without an answer?

On 13.8.2025, I read the following reply from EAIC(Suruhanjaya Integriti Agensi Penguatkuasaan):

Greetings

This question does have an answer. The Enforcement Agency Integrity Commission (EAIC), established under Act 700, is mandated to oversee and investigate misconduct in enforcement agencies to ensure transparency, accountability and integrity.

For more details, you may read the full Malay Mail article. 

The following are extracts: 

Policing the enforcers: Who is holding enforcement agencies accountable in the face of misconduct?

When those tasked with upholding the law break it themselves, who ensures they are brought to justice?As enforcement agencies operate with increasing autonomy and authority, the line between protector and perpetrator blurs in the face of misconduct.Thankfully, we have the Enforcement Agency Integrity Commission (EAIC) — a federal statutory body — established in 2011 to hold enforcement officers accountable for their transgression. 

But first, what is the definition of misconduct of enforcement officers and enforcement agencies?

According to subsection 24(1) of the EAIC Act or Act 700, it is defined as any act by an enforcement officer contrary to existing laws, unreasonable, irrelevant or improperly discriminatory; inaction or non-compliant of existing standard operating procedure or criminal in nature.

Per Act 700, the jurisdiction of the EAIC in carrying out its primary functions among others, are namely:

• Receiving and investigating any public complaints of misconduct
• Referring any complaints of a disciplinary nature to the relevant Disciplinary Authority or of a criminal nature to the Public Prosecutor
• Carrying out full investigations on valid complaints of misconduct to verify the existence of such misconduct. 

Nevertheless, Razali said the commission welcomed all complaints, irrespective of whether there has been misconduct committed or not.

“We want to encourage them to lodge complaints even if they have doubts because it is our collective responsibility to curb any form of misconduct by enforcement officers,” he said.

I then replied:

Thank you very much for this reply. Let us see how far this will hold in the case of the Sabah Integrity Department (BIGoNS) I had a meeting with yesterday.

I refer to your statement in the Malay Mail: But first, what is the definition of misconduct of enforcement officers and enforcement agencies?

According to subsection 24(1) of the EAIC Act or Act 700, it is defined as any act by an enforcement officer contrary to existing laws, unreasonable, irrelevant or improperly discriminatory; inaction or non-compliant of existing standard operating procedure or criminal in nature.