Malaysia

Emergency ordinance revocation ineffective: PM

Motion to debate matter will be brought to Parliament when it reconvenes next month

Updated 5 years ago · Published on 03 Aug 2021 1:24PM

Emergency ordinance revocation ineffective: PM
Prime Minister Tan Sri Muhyiddin Yassin says with the state of emergency expiring two days ago, the issue of ordinances promulgated by the king no longer arises. – Bernama pic, August 3, 2021

KUALA LUMPUR – The government has, in fact, failed in its bid to revoke emergency ordinances as announced on July 26, and will now look to table the matter for debate when the Dewan Rakyat reconvenes next month.

Prime Minister Tan Sri Muhyiddin Yassin in a statement today said the revocation process by the Yang di-Pertuan Agong, as advised by the cabinet on July 23, could not be accomplished.

He did not elaborate further.

With the state of emergency expiring two days ago, said Muhyiddin, the issue of ordinances promulgated by the king no longer arises.

“As such, in line with the Agong’s decree and the provision of Article 150(3) of the federal constitution, a motion to debate and subsequently annul the emergency ordinances can be brought to Parliament, which is scheduled to sit in September.

“This motion, which will be deliberated on at the cabinet meeting tomorrow, is hoped to be able to address the polemic involving the revocation of the ordinances in a harmonious and constitutional manner.”

Today’s announcement comes amid a brewing constitutional crisis between the government and Istana Negara over the revocation.

Law Minister Datuk Seri Takiyuddin Hassan told the Dewan Rakyat on July 26 that all emergency ordinances had been revoked effective July 21 – taking parliamentarians by surprise and giving rise to the question on whether the move had secured the king’s assent.

In a statement by Istana Negara on Thursday, the Agong rebuked the government for going against his decree for the matter to be tabled and debated in the Dewan Rakyat.

His Majesty reprimanded the Muhyiddin-led administration for acting against the spirit of the constitution and misleading the House.

The Prime Minister’s Office in response said the Agong was duly advised on the matter, and that the constitution provides that His Majesty act in accordance with the cabinet’s advice.

While the emergency has effectively ended, the constitution provides that ordinances will remain in effect for a period of six months, unless they are earlier revoked or annulled.

This means that provisions allowing for fines of up to RM10,000 for failing to adhere to government standard operating procedures, among other offences, are applicable until the ordinances are annulled.

The Dewan Rakyat was initially scheduled to debate the emergency and related matters yesterday, but Muhyiddin ordered the session to be suspended until further notice.

Several quarters have accused Perikatan Nasional of committing treason against the king by prematurely announcing the revocation of the ordinances. – The Vibes, August 3, 2021

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