Malaysia

Sabah experts wary on need for emergency

Move may also be illegal as cabinet needs Parliament approval before seeking king's consent, says activist

Updated 5 years ago · Published on 12 Jan 2021 1:14PM

Sabah experts wary on need for emergency
Under emergency rule, all executive powers of the states of Sabah and Sarawak will now go to the federal government. – ALIF OMAR/The Vibes pic, January 12, 2021

by Jason Santos

KOTA KINABALU – Today's proclamation of emergency has been met with mixed reaction among Sabah experts.
 
Political activist Zainnal Ajamain told The Vibes that the Agong's consent on the proclamation of emergency could be illegal if the federal cabinet has not received Parliament's approval.
 
“The cabinet is answerable to Parliament, which means the Parliament's views must be sought.
 
“Only after Parliament approval can the cabinet seek consent from the Agong. It may be illegal if the cabinet did not go through Parliament.”
 
In a statement issued by Istana Negara today, Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah consented to the emergency proposed by Prime Minister Tan Sri Muhyiddin Yassin’s cabinet.
 
Universiti Malaysia Sabah political analyst Lee Kuok Tiung, however, has a different view on the matter, saying it is within the Agong’s power to consent to the emergency without the cabinet getting Parliament's approval.
 
“The Agong has already consulted the Conference of Rulers. It is within the Agong's power.
 
“There was no need to consult Parliament, as stated under Article 150 (1) (of the federal constitution), which states the Agong may issue a proclamation of emergency when he is satisfied that a grave emergency exists.”
 
Encroachment of powers
 
Under the emergency rule, all executive powers of the states of Sabah and Sarawak will now go to the federal government.
 
Zainnal said Sabah could see itself back at square one concerning efforts to restore state boundaries and encroachment in other areas by the federal government since the first emergency rule in 1969.
 
“During the racial riots, the federal government started taking our oil and gas... this is what happens when you simply declare an emergency.”

He added that the state no longer has the clout to argue for oil royalties or demand the return of the continental shelf.
 
During the racial riots, Sabah's boundaries were reduced from above the continental shelf down to three-nautical miles, with the state losing its authority over marine resources and other natural resources underneath the seabed.
 
Meanwhile, Lee believes the government should not have declared a state of emergency without making more effort to help Malaysians weather the impacts.
 
“For instance, it is not clear whether there will be a moratorium 2.0 or cash aid. So, how will people sustain themselves throughout this emergency?
 
“The people have been suffering throughout 2020. Businesses are closing and may still need to settle their loans and commitments.”
 
Although all state powers now come under federal purview, Lee said the encroachment of state rights will not occur as it had in 1969 as the proclamation is done in view of the health crisis and natural disasters. – The Vibes, January 12, 2021

Related News

Malaysia / 1d

Agong warns against using social media to spread hatred, insult others

Opinion / 4d

The Malaysia Agreement 1963: Grievances and expectations in Sabah and Sarawak

Malaysia / 1w

Budget 2027: Sabah, Sarawak to receive RM34.9b in federal allocations next year

Events / 1w

Sarawak and Sabah play key roles in weathering climate change

Malaysia / 2w

Address security concerns and let concert proceed – former Sabah CM

Malaysia / 4w

Najib’s house arrest does not end other legal battles, MACC probe to continue

Spotlight

Malaysia

Bersama suspends Nik Nazmi from party activities for three months

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

Social media posts ‘emerge’- defending Ismail after Tuanku Muhriz’s public rebuke

World

Trump’s Muhammad joke about Iran presidency falls flat at Georgia rally

Health

Haze can cause life-threatening lung inflammation in cats and dogs, vet warns

World

Australia detects deadly H5N1 bird flu on Macquarie Island, threatening elephant seals

Malaysia

Agong warns against using social media to spread hatred, insult others

Malaysia

Nik Nazmi acknowledges he is the individual detained by JAIS

You may be interested

Malaysia

Woman arrested after headless baby found in Terengganu drain

Malaysia

Floods displace residents in Perak and Kedah, while 19 homes are hit in Pahang

Malaysia

Cable thieves face tougher punishment as govt targets rail disruptions

Malaysia

Ab Rauf: BN to weigh public sentiment before deciding Melaka election pact

Malaysia

Woman remanded for four days over discovery of headless baby’s body in Terengganu

Malaysia

UM denies disciplinary action against student over Najib, Tabung Haji remarks

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

PKR restructures Sarawak leadership to strengthen election machinery