KOTA KINABALU – Sabah may have thrown itself into a limbo once again over the dine-in ruling in the state.
In the absence of any legal right for the state to implement its own Covid-19 standard operating procedures (SOPs), the people of Sabah are frustrated with the inconsistency of the state government’s public health advisories compared with the SOPs issued by the federal government.
To make matters worse, the statement by Chief Minister Datuk Seri Hajiji Mohd Noor today describing it as a stand by the state government to allow dine-ins in Phase 2 of the National Recovery Plan (NRP) shows that the ruling is revocable.
United Progressive Kinabalu Organisation (Upko) secretary-general Nelson W. Angang said that while they wanted Sabah to have the autonomy to decide on the most suitable SOPs for the state, it must also be done right.
“The judicial process that comes with the enactment of state SOPs must be adhered to and respected.
“We must also understand that in the absence of proper law and order, chaos will ensue,” he said in a statement today.
Angang was referring to the confusion over banning dine-in at all restaurants and eateries in Sabah, as stated in Phase 1 and Phase 2 of the National Recovery Plan (NRP), which have since been overruled by the state government.
The first time was when Hajiji announced that dine-in and hairdressers in the state were allowed to operate from June 29 during Phase 1 of the NRP, and earlier today when he announced that dine-ins are allowed in Sabah as the state enters Phase 2 of the NRP.
“Dine-in is only allowed after Phase 3 of the NRP.
“The 9th Schedule of the federal constitution states that public health and the prevention of diseases falls under the concurrent list, which means either the federal government or the state government has power over ghe matter.
“However, Sabah does not have its own jurisdiction or enactment for public health.
“The recent SOP comes from Act 342, which is the Prevention and Control of Infectious Diseases Act 1988, of the federal law.
“This law is the cited authority during the MCO where all states are bound by what is stated in the SOP unless stated otherwise.
“The local authorities which had announced that dine-in is allowed had also led to calls to ignore the existing gazetted SOP,” he said.
Angang said that the public are under the impression that the local councils have made such announcements due to the authority bestowed upon them by the local government ordinance.
However, there was no mention of such power lying in the ordinance, or even proper citing of the ordinance in the exercising of such power.
“Presuming that the state government and local councils insist on allowing dine-ins, which is opposed to being stated in the SOP, then is this decision backed up and has the force of law? It doesn’t seem so.
“Sabahans are now exasperated and confused over the inconsistent advice given by the state government and SOP from the federal government,” he said. – The Vibes, July 10, 2021
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