Malaysia

Current emergency illegitimate, unconstitutional: Dr Mahathir

Government gazette on emergency still needed to be brought to Parliament, says ex-PM

Updated 5 years ago · Published on 15 Feb 2021 9:53PM

Current emergency illegitimate, unconstitutional: Dr Mahathir
Tun Dr Mahathir Mohamad says the emergency declaration sidelines normal laws and provides the ruling federal administration extensive powers. – The Vibes file pic, February 15, 2021

by A. Azim Idris

KUALA LUMPUR – The current emergency rule imposed in the country is illegitimate and unconstitutional, says former prime minister Tun Dr Mahathir Mohamad.

He said the emergency declaration was aimed at shoring up the power of Prime Minister Tan Sri Muhyiddin Yassin and his cabinet, adding that the gazette still needed to be tabled in Parliament. 

“The constitution requires a government gazette on the declaration of emergency to be tabled in Parliament, but this condition was ignored.

“Therefore, the emergency is invalid and cannot be enforced. This means that all of the government’s current actions are invalid,” said Dr Mahathir.

He said this during a special video address broadcasted on his official Facebook page on this evening.

During the address, Dr Mahathir listed down 12 “offences” made by Muhyiddin and his administration. 

They include Muhyiddin misleading the Yang di-Pertuan Agong on his advice to impose emergency rule, making the latter appear as a “cruel dictator”.

The Langkawi MP said the government under Muhyiddin had committed many offences but the courts were disallowed from evaluating whether their actions are acceptable under the law.

“There are some who will legitimise whatever is being done by the government, and they have their personal reasons to support unlawful conduct.

“This is the current Malaysian government now, in that the government is not legitimate under the constitution… (governance) according to the rule of law is no more,” said Dr Mahathir.

Dr Mahathir said the emergency declaration sidelined normal laws, providing the ruling administration extensive powers.

“The current government is not based on the law and it is clear that they have lied on the need for emergency to tackle Covid-19.” – The Vibes, February 15, 2021

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