KUALA LUMPUR – A truth commission should be set up to investigate the previous Perikatan Nasional (PN) administration’s alleged abuse of the emergency ordinance.
M. Kula Segaran (Ipoh Barat-PH) made this suggestion during the debate to annul the emergency proclamation today.
The opposition lawmaker said the commission’s function is to look into any offences made by the previous regime and present their findings in Parliament.
“We must have a truth commission that will be granted the authority to check whether the previous government had committed an offence by using the emergency as an excuse for their own benefit,” said Kula Segaran.
“The truth commission is an official body that will investigate human rights violations, war crimes, and other serious crimes. From this commission, a report can be tabled and debated in Parliament, while publishing its findings to the general public.
“This is important because abuses during the emergency can be controlled.
“Many Malaysians who lost their families during this pandemic have the right to know how the government had used the emergency proclamation, especially since they promised that the emergency was to control Covid-19 (cases).”
Kula Segaran accused the PN regime led by ousted prime minister Tan Sri Muhyiddin Yassin for focusing more on power struggles during the emergency, instead of tackling the Covid-19 pandemic.
He said the ruling coalition has also abused the emergency in order to remain in power after Muhyiddin lost a parliamentary majority in January this year.
He suggested an amendment to Article 150(8) of the federal constitution which states:
Notwithstanding anything in this constitution: (a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2B) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and (b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of:
(i) a proclamation under Clause (1) or of a declaration made in such proclamation to the effect stated in Clause (1);
(ii) the continued operation of such proclamation;
(iii) any ordinance promulgated under Clause (2B); or
(iv) the continuation in force of any such ordinance.
“This is a new initiative that we must do because when the government declares an emergency, they can be in power forever. They can renew (the emergency) every six months and this will give extreme power to the government (of the day).
“When Article 150 of the constitution was enacted, it did not take into account the extreme power it granted to the government. I think the court must be granted the power to determine if the government can justify an emergency.
“This is something that isn’t new. In Canada, if an emergency provision is raised, the court has the power to see whether or not it is required,” Kula Segaran pointed out. – The Vibes, October 25, 2021
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