KUALA LUMPUR – The decision by the Agong to consent to an emergency proclamation will not necessarily translate into an opportunity for Prime Minister Tan Sri Muhyiddin Yassin to misuse his powers.
Despite provisions in the emergency orders that would allow powers by the executive to enact laws (ordinance) without Parliamentary approval and award absolute power to the federal government to interfere in state jurisdiction, former chief justice Tun Zaki Azmi said Muhyiddin would be risking his political future if he executes these discretions.
“In practice, I do not foresee these happening. The prime minister has promised that the election will be held immediately once Covid-19 is overcome. This will be determined by an independent committee, whose members include those from opposition parties,” he told The Vibes.
Commenting on today’s announcement, Zaki said the circumstances of whether an emergency should be declared in a certain situation is for the government of the day to decide.
“In this case, the king and prime minister have both cited Covid-19 as the reason an emergency needs to be declared. The prime minister also announced that assets belonging to private hospitals may be utilised to combat the virus.
“I am sure that in doing so, the government will compensate (the private hospitals) accordingly,” he said, adding that these situations will arise irrespective of the strength of government.
When asked about the necessity of the emergency declaration, Zaki said: “Can Malaysia, in present circumstances, fight Covid-19 without an emergency?
“Perhaps it can, but it will be more difficult with politicians coming out with all sorts of statements.”
On whether the suspension of the Parliament and state assemblies due to the emergency infringing on state executive powers, Zaki reiterated that the power to declare an emergency under Article 150 of the federal constitution rests solely with the Agong, acting on the advice of the federal cabinet or the prime minister.
“The state has no authority to do so. In the past several declarations involving problems within the state or any constituency, the proclamations were made by the king on advice of the cabinet and prime minister, not the state.
“All three pre-conditions – national security, economic life, and public order – to declare an emergency fall within the jurisdiction of the federal government. There is no question of trampling on state rights.”
The suspension of the Parliament and state assembly sittings, Zaki said, would not necessarily impede elected representatives from expressing their grievances to their voters.
“Of course, without Parliament (and state) sittings, this opportunity is missing, but it does not stop MPs and assemblymen from highlighting their unhappiness through other means, either by communicating directly with relevant ministers or perhaps, more effectively, through social media.
“Last year, there were brief sittings of both houses, but the public was more aware of issues raised by their representatives. In today’s world, social media seems to be more effective than (live) Parliament sittings in bringing public issues such as potholes to the fore.”
Zaki also expressed his happiness to hear Muhyiddin’s assurance that the judiciary will continue to operate independently despite the emergency declaration.
“To be fair to Muhyiddin, there has been no talk at all among the legal fraternity of any meddling with the courts, judges and attorney-general.
“The legal community is happy to hear that there will be no interference with the judiciary.” – The Vibes, January 12, 2021
