EMERGENCY, by its very nature, creates a bad impression, regardless of how noble the government’s intention was to have it in the first place. For sure, it has managed to accumulate many the negative repercussions.
The concept of an emergency scares and bewilders everyone, especially any current or future investors. For Malaysians, it denotes the suspension of the constitution and, by extension, the rule of law.
Covid-19 has been in this country for some time now, and the government has introduced several measures like the movement control order (MCO) or even total lockdowns in some places, with the sole aim of containing the spread of this virus.
Nobody has objected to such measures taking place. To their credit, our fellow Malaysians are generally law abiding citizens. Yes, they may dislike the present government or the way it handles the pandemic, yet they dutifully complied with restrictions.
Ironically, more often than not, the rules introduced by the government have been flouted by its own ministers rather than by ordinary citizens. Worse still, the law was at times discriminately applied, protecting the “haves” and punishing the “have-nots”.
It goes without saying that the pandemic has laid tremendous pressure on ordinary people.
The most devastating impact comes particularly from the worsening economy. Covid-19 has impacted all sectors – government, private enterprises and households. With this emergency and its nightmarish ordinance, foreign direct investment would be scarce, thus jeopardising income and the economic growth.
Be that as it may, any attempt to justify the declaration of the emergency under the pretext of preserving economic life due to the existence of the so-called “grave danger” – Covid-19 – simply defies logic.
In fact, on the contrary, the very existence of this mind-boggling emergency would certainly hit the economic life of all sectors. Thus, the raison d'être of emergency on the grounds of preserving the economy is, with all due respect, unacceptable and unthinkable.
Some people have been trying to drive home that anybody who disagrees with the present emergency ought to be labelled as a traitor. The fact that one can be easily accused of being a traitor reflects the unpleasant and the scary outlook of the emergency. It reflects how simple the rule of law could be easily trampled upon under the pretext of emergency!
Lest we forget, Malaysia practices constitutional supremacy. It simply means nobody is above the law. Hence, the issue of being called traitors should not have been raised at all, as the constitution itself guarantees the fundamental right to freedom of speech.
Criticising the proclamation of emergency is part and parcel of such a freedom. Thus, this right, duly enshrined in our constitution, ought to be duly respected.
Disagreeing with the emergency should not, at all cost, be equated with being disrespectful to the monarchy. Far from it. It merely, with the greatest respect, seeks to gently remind everyone that ours is a constitutional monarchy. After all, the genesis of emergency derived, not from our King, but from the prime minister and its cabinet. They were the ones calling the shots. The entire emergency situation, with due respect, began with their ill-advice.
Whilst the proclamation of the emergency by our King seems to be protected under the constitution, no provision in the apex law bars anyone from questioning the advice coming from the Prime Minister and his cabinet.
In fact, it is not only a right to point out the deficiency of reasons justifying the emergency. On the contrary, it is a solemn duty. There, in my view, lies the true meaning of patriotism!
We may be aware that a special Ordinance has been created out of the present emergency. It is known as the Emergency Ordinance (essential powers ) 2021. Like it or not, this Ordinance, in my view, would successfully generate unnecessary fear. It is therefore not good for the country, especially at this critical juncture. The Ordinance contains a plethora of frightening provisions.
By virtue of section s14 and 15 of the Ordinance, it seeks to suspend both Parliament and state legislature. Under section 18 of the Ordinance, it attempts to replace the constitution as our supreme law, thus having the chilling effect of altering the basic structure of the highest law of the land.
Under Article 150 (3) of our apex law, this very Ordinance must be laid down before both houses – the lower house as well as the upper house – failing which the very validity of both the ordinance and the emergency would be called into question.
The issue now is how this Ordinance is supposed to be laid down before Parliament when the Ordinance itself seeks to bar Parliament from performing its constitutional function. Alas, the highest law of the land mandates the government do the same. Hence, the latter has no option.
With its razor-thin majority, having a parliamentary sitting is something that this government tries its very best to dispense with, at all cost. The parliamentary sitting may, in fact, present grave danger to the present administration.
Was that the very reason which duly triggered the current emergency? – The Vibes, January 24, 2021
Mohamed Hanipa Maidin is Sepang MP
