KOTA KINABALU – A state cabinet meeting scheduled this Wednesday may put to rest growing concerns over Sabah’s lack of health portfolio.
Health is one of the areas under the concurrent list in the Federal Constitution where state and federal share powers on the matter. However, the state’s undertaking cannot go against federal policies.
Sabah Local Government and Housing Minister Datuk Seri Masidi Manjun said although Sabah Public Health Ordinance 1960 comes under the Health Ministry, disease control and prevention do not.
“Public health in the ordinance is a different category. The local governments are focused on licensing, conditions of premises but not health,” he told The Vibes.
For instance, local governments can revoke business licenses of food operators if they refuse to enforce the smoking ban, with Masidi saying that “while the two functions are related, the local governments are tasked with enforcing orderly conduct of business premises”.
He added disease prevention and control comes under the federal Health Ministry.
The implementation of the ordinance comes under the health director-general and state health director, who are both federal officers, he added.
“What will be the legal powers of a state minister of health?”
He said the state cabinet is looking forward to Wednesday’s meeting to address health matters.
The spike in Covid-19 cases in Sabah has renewed calls for a health portfolio in the state cabinet after confusion caused by federal authorities in implementing SOPs and lockdowns in local districts.
The Vibes learnt that the state government will not create a new ministry, instead put the health portfolio under the purview of one of its existing ministries.
Sabah Law Society president Roger Chin said: “As health is on concurrent list, whatever regulations the state comes up with cannot go against federal laws.
“We can come up with regulations, only to complement, not contradict federal laws.”
He added the confusion will not arise if Sabah has its own regulations and the best thing to do now is for the state government to complement federal efforts.
It is understood the state Community Development and Wellbeing Ministry has been active in assisting the state Health Department in dealing with the spread of Covid-19.
One of the primary roles of the state ministry is distributing aid via the Welfare Department to those affected by the travel restrictions. – The Vibes, October 10, 2020
