KUALA LUMPUR – The Dewan Rakyat speaker has been told to invoke relevant provisions in the Standing Orders to enable a motion to revoke the emergency ordinances to be debated in light of the unprecedented rebuke yesterday by Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah.
In a statement, six civil society organisations said that the speaker’s earlier ruling for Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Takiyuddin Hassan to explain the matter is now “invalid by circumstance”.
They said the annulment of the ordinances must be made the first item of the agenda from now on – regardless of any change to the government and any of its ministers and senior officials.
“The speaker, Datuk Seri Azhar Azizan Harun – or whichever of his deputies who presides over the meeting – must invoke Standing Orders 90 and 100 together with Standing Order 26(1)(m) to assert the House’s overriding authority and control over its own business, so that a motion to annul the emergency ordinances may be presented, debated, and voted on immediately,” the organisations said.
“The emergency ordinances must be annulled so that there is no doubt that they will not remain in force until February 1, 2022, for six more months after the lapse of the emergency proclamation on August 1 as per Article 150(7) of the federal constitution.”
The statement was signed by Bersih 2.0, Engage, Bait Al-Amanah, the Institute for Political Reform and Democracy, the Institute for Democracy and Economic Affairs, and Undi18.
Earlier yesterday, the king had reprimanded Takiyuddin over his announcement in the house on Monday that the ordinances were retroactively revoked effective July 21.
Stressing that the revocation had not yet been given royal assent, the Agong said that the act had “disregarded His Majesty’s functions and powers as the head of state, as enshrined in the federal constitution”.
The six organisations noted that emergency ordinance No. 6 carries compounds of RM10,000 and RM50,000 for violation of standard operating procedures, while No. 2 carries the maximum penalty of six years’ imprisonment and RM 500,000 fine for a fake-news-related offence.
“These emergency ordinances, as the emergency proclamation itself, were made when the Parliament was not in session.
“The emergency ordinances must be debated and annulled in this sitting and not postponed to the next sitting in September.”
They also expressed support for a motion by Puchong MP Gobind Singh Deo to refer Takiyuddin to the parliamentary committee of privileges over his unfounded claim on the revocation of the emergency ordinances.
Trust in government impacted, says Malaysian Bar
The Malaysian Bar called on Takiyuddin to offer a “full and frank” disclosure of what transpired in relation to his announcement in Parliament on the revocation of the emergency ordinances.
Bar president A. G. Kalidas said that the emergency ordinances should have been tabled and debated in Parliament.
He pointed to Article 150(3) of the federal constitution which stipulates: “A proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such proclamation or ordinance...”
Calling it a matter of great national significance that has a direct impact on the level of trust of Malaysians in the government, he said the cabinet, MPs, and speaker must be fully transparent and accountable as Malaysians need to be able to trust their government the most at this time.
Those in positions of authority must find effective solutions to combat the problems faced by our country, and behave honourably to preserve the lives and livelihoods of its citizens and residents.
Meanwhile, civil rights group Aliran said the king’s rebuke means the “revocation” was made without going through the proper procedures stipulated in the federal constitution.
It said in a statement that Muhyiddin’s government had violated the constitution, leading to many lawmakers accusing the government of committing treason.
“Not only that, the government has been grossly disrespectful of the Agong,” it added, noting that in a virtual meeting with Takiyuddin and Attorney-General Tan Sri Idris Harun on July 24, the Agong had stated that the ordinances should be tabled before Parliament and debated.
“This was ignored. The emergency declaration and emergency ordinances were not laid before Parliament because the government was fearful of being defeated if the revocation was put to a vote.
“Disrespect of this nature is ironic coming from parties that often loudly claim they uphold race, religion, and royalty.
“To go to these lengths of deception is unprecedented in the annals of our history. It reflects an arrogance of being in power that has now culminated in an enormous abuse of power.
“This was first manifested in the ill-conceived bid to seek emergency rule and then to suspend Parliament and now, to top it all, mislead the house and the people about the revocation of the emergency ordinances.” – The Vibes, July 30, 2021
