By Antonia Chiam
“We want a government that is clean. We don’t just talk. We walk the talk. That is the Sarawak government.” Abang Johari (November 24, 2023)
IN a decisive move to improve transparency and accountability within the Sarawak government, Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg led the establishment of the State’s Ombudsman system. The initiative reflects his administration’s broader commitment to good governance, citizen empowerment, and institutional integrity.
Far from being a mere complaint mechanism, the Ombudsman system is positioned as a structural reform, designed to foster trust between the government and the people of Sarawak. It introduces an independent body tasked with overseeing public service delivery, investigating maladministration, and driving improvements in governance standards.
Laying the Foundations of Reform
The groundwork for the Ombudsman system was laid as early as February 2022, when the State Integrity and Ombudsman Unit was formally mandated to investigate maladministration, bureaucracy, and red tape in the public sector. Abang Johari consistently rejected the narrow perception of the Ombudsman as simply a complaints bureau. Instead, he positioned the institution as central to advancing efficient administration and bridging the gap between the people and the government.
In May 2023, Abang Johari announced that Sarawak would adopt an Ombudsman system modelled after Sweden’s, one of the oldest and most respected in the world. First introduced in 1809, the Swedish system was seen as a benchmark for its independence and effectiveness in promoting public accountability. A benchmarking visit by the Sarawak government to Sweden followed, enabling the team to study its legal structure and gather critical input for developing Sarawak’s own version, adapted to local customs and Sarawak’s broader vision of becoming a high-income, developed State by 2030.
Later in September 2023, Abang Johari emphasised that the Sarawak Ombudsman would report directly to the Sarawak Legislative Assembly, not to the executive. This critical design choice was intended to insulate the institution from political interference and ensure true oversight. “At the end of the day, we are accountable to the people. To me, I’m accountable to God, and accountable to Sarawak,” said Abang Johari. He further noted that such transparency and structural independence would not only enhance public confidence but also encourage greater investor trust due to lower perceived governance risk.
Cornerstone of Sarawak Public Service
In November 2023, the Sarawak Legislative Assembly passed the Sarawak Ombudsman Bill 2023, making Sarawak the first State in Malaysia to legislate and institutionalise an Ombudsman system. The Bill endowed the Ombudsman with broad investigative powers, ranging from summoning witnesses and compelling document production to conducting searches and seizures.
Deputy Premier Datuk Amar Awang Tengah Ali Hasan, in tabling the Bill, highlighted its purpose: to provide independent oversight of State public service agencies, including the State Civil Service, statutory bodies, local authorities, and government-linked companies (GLC). The Ombudsman, he stressed, is empowered not only to resolve legitimate complaints but to recommend corrective actions, monitor implementation, and publish comprehensive reports on service delivery shortcomings.
The legislation also ensures that Ombudsman findings carry legal weight. Offences such as giving false information, obstructing investigations, or exercising improper influence are punishable by fines ranging from RM10,000 to RM50,000 and imprisonment of six months to three years, or both.
Under the law, the Ombudsman must report its activities, findings, and recommendations to the Sarawak Legislative Assembly via the relevant Minister. These reports may also trigger the appointment of a Special Select Committee to review findings, reinforcing parliamentary scrutiny. Unlike the Public Accounts Committee (PAC), Ombudsman reports are imbued with legal standing. This robust reporting framework is expected to mirror the principles of the Westminster model, ensuring transparency and structured parliamentary engagement. In line with its constitutional authority under the Ninth Schedule of the Federal Constitution, Sarawak’s enactment of the Ombudsman Ordinance reflects a firm assertion of State legislative rights to regulate its own administrative machinery. With the Ombudsman Bill in place, Malaysia becomes the fourth country in the Association of Southeast Asian Nations (ASEAN) to introduce an Ombudsman system, with Sarawak leading the way at the subnational level.
Structure, Independence, and Enforcement
Coming into force in April 2024, the Sarawak Ombudsman Ordinance outlines a clear administrative structure: a Chief Ombudsman and Deputy Chief Ombudsman, supported by three to five appointed Ombudsmen with relevant expertise. These individuals are appointed by the Head of State for a renewable three-year term. The Chief Administrator, drawn from the State Public Service, manages daily operations, supported by a dedicated team, all protected under law from civil or criminal liability in the course of official duties.
On August 26, 2024, Sarawak marked another milestone with the appointment of Dato Sri Abdul Ghafur Shariff as the first Chief Ombudsman, taking his oath of office at the Kuching High Court. This formalised the institution’s operational leadership and set the stage for the inaugural report, expected to be presented to the Sarawak Legislative Assembly in 2025. To reinforce systemic oversight, the State government also formed a Special Cabinet Committee (CABCOM) under the Sarawak Integrity and Ombudsman Unit (UNIONS). CABCOM is tasked with reviewing financial statements and budget estimates of statutory bodies and authorities, providing an additional layer of accountability in fiscal governance.
Abang Johari has consistently reaffirmed that no one is above scrutiny. While ministers and deputy ministers are not directly subject to the Ombudsman’s powers under the new law, other legal mechanisms can be invoked where legitimate evidence of misconduct exists.
“If a minister or deputy minister gives an order, and (the) ombudsman law exempts them, but if there is legitimate evidence of abuse of power, another law can be invoked to investigate the person giving the order,” clarified Abang Johari as he reaffirmed that nobody is exempted from the Ombudsman system.
Westminster Model of Governance
As UNIONS prepares for its first official report to the Sarawak Legislative Assembly in 2025, there are high expectations that the reporting framework will reflect the principles of the Westminster model of governance. This model, adopted in many parliamentary democracies, ensures that reports are transparent, structured, and accountable to the legislature. In November 2024, the Speaker of the Sarawak Legislative Assembly, Tan Sri Datuk Amar Mohamad Asfia Awang Nasar, revealed that UNIONS have been actively formulating the reporting system in alignment with this model.
The framework will also adopt best practices from Scandinavian countries such as Sweden and Finland, where Ombudsman institutions are known for their rigour and public trust. The launch of this framework will mark a crucial milestone in Sarawak’s pursuit of institutional excellence, offering lawmakers and the public clear insights into government performance, service delivery, and financial stewardship. By embedding international standards and parliamentary oversight, the initiative strengthens Abang Johari’s vision of a people-first government guided by integrity and transparency.
Setting Course for Institutional Integrity
The Ombudsman system is more than a mechanism for resolving public grievances, it serves as the foundation to Sarawak’s drive for institutional integrity and public confidence. With the Ombudsman in place, the State now possesses a durable framework to promote fairness, prevent corruption, and elevate the standards of public service delivery. Citizens can report maladministration, confident that their concerns will be handled independently and fairly.
Sarawak’s move to establish the Ombudsman system signifies a significant transformation in its governance landscape. It affirms the State’s commitment to uphold transparency, empower its people, and strengthen institutions for a more just and accountable administration.
The content featured here is an excerpt from the book “Rise of Sarawak: Abang Johari’s Era of Transformation”, published by Sage Salute Sdn Bhd.
