The New Straits Times reported on 27th December 2019 that Nor Salwani Mohammad, a National Audit Department staff had secretly recorded a high level meeting involving the then chief secretary of the government . It was alleged that during that meeting instructions had been given to modify the 1MDB audit report. While Nor Salwani’s boss, the then Auditor General had cleared her of any wrongdoing, on 16th June 2020 recently the former chief secretary of the government, Ali Hamsa testified in court that Nor Salwani’s act of secretly recording the meeting was arguably unethical for a civil servant.
While there are indeed rules governing the professional conduct of a civil servant in Malaysia, there are also many who are of the opinion that what Nor Salwani did was just and proper. On the other hand, there are also some who feel that as a Malay, Nor Salwani should have been loyal to the then chief secretary of the government who was her ultimate superior. This particular group views seriously the duty of a civil servant to obey the commands of the superior together with the prohibition from embarrassing and/or scandalizing the government of the day.
1)Critically discuss how Positivism, Natural Law and Historical schools of jurisprudence would view the rules related to Nor Salwani’s conduct.