Malaysia

‘Unconstitutional to bar people from their homes over swab tests’

Minister urged to clarify rule on management given the right to make Covid-19 screening mandatory before entry

Updated 5 years ago · Published on 29 Jan 2021 1:29PM

‘Unconstitutional to bar people from their homes over swab tests’
Article 13 of the federal constitution stipulates that all citizens have a right to their homes and that no person shall be deprived of property save in accordance with the law, and no law shall provide for the compulsory acquisition or use of property without adequate compensation. – The Vibes file pic, January 29, 2021

by Rachel Yeoh

GEORGE TOWN – Senior Minister (Security) Datuk Seri Ismail Sabri Yaakob needs to clarify his recent announcement that the management of condominium and residential complexes have the right to make Covid-19 tests mandatory.

State Housing, Town Planning and Local Government Committee chairman Jagdeep Singh Deo said that this is because such a requirement infringes on the people's right to access their own properties.

Article 13 of the federal constitution stipulates that all citizens have a right to their homes. 

It further states that no person shall be deprived of property save in accordance with the law, and no law shall provide for the compulsory acquisition or use of property without adequate compensation.

“I want this minister to please give an explanation. We will give him a chance. Now, only foreign workers are required to do the Covid-19 screening. 

“If what he announced yesterday only concerns foreign workers, I have no qualms about it. It is fine because it is a requirement for now that all foreign workers be screened.

“If it includes locals, then we need an explanation as it is not compulsory for Malaysians to do the Covid-19 screening,” he told the media via Facebook Live.

He also said if people are refrained from going into their houses, the management needs to conduct a general meeting for people to agree on the housing rules. 

“Even if (management) wants to call for an annual general meeting, it can’t because of the movement control order (MCO).

“(Ismail Sabri) needs to know that the places that are under MCO right now have a lot of residential complexes.

“What puzzles me the most is that, in May last year, Ismail Sabri stated that the management of condominiums and apartments cannot take the law into their own hands by denying entry to residents. 

“Therefore, the whole country needs clarification from him.”

Jagdeep also urged the federal government to consider providing aid for Covid-19 screening tests if it is true that locals need to show their swab test results. 

This is because many urban folk live in high-density, low- and medium-cost flats, and cannot afford to pay for the screening.

Meanwhile, another lawyer is also protesting against the minister’s statement, saying it is discriminatory.

Human rights advocate K. Sudhagaran Stanley Singh told The Vibes that the announcement has caused confusion among high-rise residents.

“If we are barred from entering our own homes, where are we going to stay? The entire country is in lockdown under the MCO. Hotels are not supposed to operate.” – The Vibes, January 29, 2021

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