THE proposed amendments to the Prevention and Control of Infectious Diseases Act 1988 (Act 342) will have dire consequences on our way of life.
The proposals are dangerous and can lead to a totalitarian system reminiscent of autocratic regimes, where the people are at the mercy of officials whose subjective suspicions and discretionary powers will result in disproportionate and chaotic enforcement of the law and a breach of our fundamental rights.
It’s worse that agencies such as local councils being given sweeping powers is cause for worry.
Discretion leads to abuse of power and corruption.
This may come across as a dramatic and extreme analogy but in essence this is what the government is going to achieve in the name of curbing a virus about which, two years on, we are still finding out more about.
Now, the Omicron variant has provided another justification to the government to make the population subservient.
It is but a small respite that the current Dewan Rakyat sitting has been extended to Monday to allow further deliberation between the government and opposition.
The contentious amendment bill will then be tabled for the second and third readings before being put up for vote.
It is expected to be passed.
The stiff penalties proposed by the amendments are for those who violate the government’s standard operating procedures (SOPs).
These include a maximum compound of RM10,000 for individuals flouting SOPs, while companies face a compound of up to RM500,000.
Presently, both individuals and corporate entities are subjected to a maximum compound of RM1,000.
For offences with penalties not expressly provided under the act, the amendment proposes a maximum fine of RM50,000 and three years’ prison for individuals, and RM2 million for corporations.
The original bill proposed a RM1 million compound for companies, while the maximum penalty for individuals’ general offences was initially RM100,000 and seven years’ imprisonment.
Health Minister Khairy Jamaluddin said that there needs to be a balance between public interest and government powers to curtail the spread of Covid-19 or any future pandemic.
This government, however, is falling over its own feet in implementing SOPs, which its officials and ministers are themselves flouting.
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Furthermore, the disproportionate enforcement that sees ordinary citizens being punished severely while VIPs get away with not even a slap on the wrist is not going to change with the new amendments.
Yes, Khairy says it is meant more for companies “that make billions” and repeat offenders, but what about SMEs and small firms? These penalties will put them out of business.
Of late, this government’s actions do not seem to be anywhere close to being in the “public interest”.
The Aspirasi Keluarga Malaysia carnival, which saw throngs of people crowding the Kuala Lumpur Convention Centre and busloads of government officers being herded to the launch by the prime minister, is enough to question if this government is really putting the people’s interests first.
The government needs to come up with more equitable and creative ways to curb the pandemic. Yes, punitive measures need to be taken, especially for those openly challenging SOPs and posing a risk to others. However, this must be tempered with a comprehensive “living with Covid-19” plan that spells out clearly what offences and penalties are and is selective about who can enforce them.
And there should be a special category for officials, especially ministers and VIPs who flout these rules, to receive the most severe of penalties, including being sacked from their jobs.
Perhaps then, the rakyat will not be so up in arms over these new amendments. – The Vibes, December 17, 2021
