KUALA LUMPUR – Datuk Seri Amirudin Shari has clarified that state governments and local councils have no power to order factories to shut down so as to curb Covid-19.
In a video shared on WhatsApp, the Selangor menteri besar said he is aware of people in the state questioning why his administration is allowing such facilities to operate.
He noted that the matter has been raised as the rakyat, who have been staying home and complying with the standard operating procedures, view their efforts to bring down the coronavirus caseload as wasted.
“When the first movement control order was announced by Prime Minister Tan Sri Muhyiddin Yassin on March 18, 2020, he said the lockdown would source its powers from the Prevention and Control of Infectious Diseases Act 1988.
“The act was amended by Parliament to give powers to the relevant federal ministers to determine what steps are to be taken to control or prevent infections.”
He pointed to a statement by Senior Minister Datuk Seri Ismail Sabri Yaakob – who has since been promoted to deputy prime minister – on April 6 saying the matter of closing factories is under the purview of the National Security Council (NSC).
In February, a recommendation was made to NSC for state governments to be authorised to inspect and shut plants, said Amirudin.
“On March 3, 2021, the health and law ministers amended Section 2(1) of the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 to expand enforcement powers to statutory bodies and local councils.
But, this amendment does not mean local councils can close factories outright, as the power remains with the federal government. Local councils are limited to assisting in the enforcement of SOPs upon the orders of the federal government.”
He said local councils are unable to exercise powers under the Local Government Act 1976 to suspend or revoke factories’ licences, as the rules relating to these premises’ operations depend on the SOPs of the various iterations of Malaysia’s Covid-19 lockdown.
“Any action by the state government or local councils must be transparent and follow the rule of law.”
On July 11, former PKR vice-president Rafizi Ramli slammed the Selangor government over its alleged failure to close factories.
He implied that although the International Trade and Industry Ministry is the body that grants approval for factories to operate, the state government can shut down operations by revoking the facilities’ licences. – The Vibes, July 16, 2021
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