Must civil servants obey illegal orders from leaders?

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Civil Servants Are Not Obligated to Obey Illegal Orders

Civil servants are not required to follow instructions from leaders if those instructions violate the rule of law or constitute criminal offences. While faithfulness to the government of the day is expected, this obligation does not extend to committing illegal acts. A criminal act remains a crime regardless of whether it was ordered by top leadership.
The Limits of Obedience

Prime Minister Tun Dr Mahathir Mohamad clarified that civil servants are not bound to carry out orders that lead to criminal acts. He provided a hypothetical scenario where a Prime Minister might instruct someone to commit murder, emphasizing that such an order would not create an obligation to comply. Similarly, covering up a crime or engaging in political campaigning on behalf of a party are examples of actions that civil servants should refuse.
Rule of Law Prevails Over Directives

The principle is that the law supersedes any directive from any leadership position if that directive breaks the law. Dr Mahathir stressed that even if an instruction comes from the highest levels of leadership, it does not legitimise an illegal act. The nature of a crime does not change based on the source of the order.
Collective Refusal as a Safeguard

In situations where civil servants are pressured to act unlawfully, such as campaigning for a political party, Dr Mahathir suggested a collective refusal. He posited that if all officers stand together and refuse an improper instruction, it becomes difficult for authorities to punish them individually. This highlights a potential method for upholding ethical and legal standards within the civil service when faced with undue pressure.

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Must civil servants obey illegal orders from leaders?

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