Datuk Seri Mohd Shuhaily Mohd Zain remains the director-general of the Malaysian Border Control and Protection Agency (AKPS) as of November 5, 2026, despite public announcements of his transfer back to the Royal Malaysia Police (PDRM). His legal counsel confirms he has received no official directive, maintaining his authority to lead.
The situation highlights a widening gap between executive declarations and administrative reality. While Home Minister Datuk Seri Saifuddin Nasution Ismail stated last week that the ministry had decided to end Shuhaily’s secondment, the officer resumed his duties on November 2 by chairing a commanders’ meeting. This follows a period of leave after Shuhaily pleaded not guilty on October 21 to two charges of voluntarily causing hurt to police officers at Kuala Lumpur International Airport in September.
Shuhaily sambung tugas ketua pengarah AKPS 👇🧵
King’s Consent Required for Police Chief’s Removal
The delay in Shuhaily’s reassignment is rooted in the specific nature of his appointment. According to Inspector-General of Police Tan Sri Mohd Khalid Ismail, as a police cadre officer, Shuhaily’s two-year term at the helm of AKPS—which began on July 1, 2025—cannot be unilaterally terminated without the consent of the King, Sultan Ibrahim. The police force is currently awaiting legal advice from the Attorney General’s Chambers before proceeding with a formal request for royal consent.
Shuhaily’s lawyer, Muhammad Rafique Rashid Ali, has urged the Home Minister to provide immediate clarity. “People are now questioning why the minister has announced one thing while what is happening on the ground suggests otherwise,” Rafique stated at the court complex. He maintains that until an official letter is issued, his client is legally entitled to discharge his duties, especially as no criminal conviction has been reached.
Executive Stance on Rule of Law
Prime Minister Datuk Seri Anwar Ibrahim addressed the controversy during Parliament on November 3, defending the Home Minister’s role while emphasizing that the government would not interfere in the judicial process. He clarified that the investigation into the alleged assault at KLIA was triggered by a formal police report, not executive whim.
Anwar drew a historical parallel to the year 2000, noting that even a former Inspector-General of Police was imprisoned for assault, showing that a distinguished service record does not grant immunity from the law. “If there are allegations or accusations that someone was mistreated, it follows a process. Do not ask me or the home minister to interfere to that extent,” the Prime Minister remarked.
Shuhaily masih Ketua Pengarah AKPS, belum terima surat rasmi – Peguam Susulan itu, peguam meminta Menteri Dalam Negeri, Datuk Seri Saifuddin Nasution Ismail beri penjelasan berhubung kenyataan bahawa Mohd Shuhaily telah dikembalikan semula kepada PDRM.#sinarharian #AKPS #KDN…
| Key Milestone | Date | Status/Action |
|---|---|---|
| Initial Secondment | July 1, 2025 | Appointed as AKPS Director-General |
| Alleged Incident | Sept 28, 2026 | Altercation at KLIA Terminal 1 |
| Formal Charges | Oct 21, 2026 | Pleaded not guilty to Section 323 |
| Return to Duty | Nov 2, 2026 | Resumed chairing AKPS meetings |
Broader Implications for Security Leadership
The uncertainty surrounding Shuhaily’s position as head of the Malaysian Border Control and Protection Agency has prompted calls for clarification from the home minister. The situation has also prompted a separate civil suit filed by the two officers involved in the KLIA incident, Mohamad Faiz Saman and Muhammad Ekmal Sofwan, against Shuhaily for assault and battery, as reported by The Edge Malaysia.
As the legal process continues, the administrative status of the AKPS remains in a state of flux. With the Attorney General’s Chambers yet to finalize the legal framework for the transfer, the agency continues to function under the leadership of a director-general currently facing criminal charges. The next steps will depend on the intersection of pending legal advice and the formal requirements for seeking the King’s consent regarding the police cadre’s secondment.
