Malaysia

MP eyes truth commission to probe into Muhyiddin’s govt during emergency

Lawmaker M. Kula Segaran proposes amendment to Article 150(8) of constitution

Updated 4 years ago · Published on 25 Oct 2021 2:05PM

MP eyes truth commission to probe into Muhyiddin’s govt during emergency
From a truth commission, a report can be tabled and debated in Parliament, while publishing its findings to the general public, says Ipoh Barat MP M. Kula Segaran. – M Kula Segaran Facebook pic, October 25, 2021

by Azril Annuar

KUALA LUMPUR – A truth commission should be set up to investigate the previous Perikatan Nasional (PN) administration’s alleged abuse of the emergency ordinance.

M. Kula Segaran (Ipoh Barat-PH) made this suggestion during the debate to annul the emergency proclamation today.

The opposition lawmaker said the commission’s function is to look into any offences made by the previous regime and present their findings in Parliament.

“We must have a truth commission that will be granted the authority to check whether the previous government had committed an offence by using the emergency as an excuse for their own benefit,” said Kula Segaran.

“The truth commission is an official body that will investigate human rights violations, war crimes, and other serious crimes. From this commission, a report can be tabled and debated in Parliament, while publishing its findings to the general public.

“This is important because abuses during the emergency can be controlled. 

“Many Malaysians who lost their families during this pandemic have the right to know how the government had used the emergency proclamation, especially since they promised that the emergency was to control Covid-19 (cases).”

Kula Segaran accused the PN regime led by ousted prime minister Tan Sri Muhyiddin Yassin for focusing more on power struggles during the emergency, instead of tackling the Covid-19 pandemic.

He said the ruling coalition has also abused the emergency in order to remain in power after Muhyiddin lost a parliamentary majority in January this year.

He suggested an amendment to Article 150(8) of the federal constitution which states:

Notwithstanding anything in this constitution: (a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2B) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and (b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of:

(i) a proclamation under Clause (1) or of a declaration made in such proclamation to the effect stated in Clause (1);

(ii) the continued operation of such proclamation;

(iii) any ordinance promulgated under Clause (2B); or

(iv) the continuation in force of any such ordinance.

“This is a new initiative that we must do because when the government declares an emergency, they can be in power forever. They can renew (the emergency) every six months and this will give extreme power to the government (of the day).

“When Article 150 of the constitution was enacted, it did not take into account the extreme power it granted to the government. I think the court must be granted the power to determine if the government can justify an emergency.

“This is something that isn’t new. In Canada, if an emergency provision is raised, the court has the power to see whether or not it is required,” Kula Segaran pointed out. – The Vibes, October 25, 2021

Related News

Malaysia / 7mth

UEC recognition must be anchored in constitution, says DPM

Malaysia / 7mth

‘Sanusi opening a can of worms in trying to retake Penang’ – says senior lawyer

Opinion / 8mth

Noise, not reality: Why Malaysia must choose courage over cowardice

Opinion / 1y

Should we challenge the extension of the judiciary under article 125 of the Federal constitution?

Malaysia / 1y

Sabah: No independent assessor till 40% revenue dispute resolved

Malaysia / 2y

Harmful amendments remain in proposed move on citizenship in constitution, cautions coalition

Spotlight

Malaysia

Puteri Umno distances itself from viral Threads post

By Alfian Z.M. Tahir

Malaysia

MACC drops orange detention attire for court remand cases after PM’s call

World

Man jailed six years for keeping Indonesian woman as slave in Melbourne home

Malaysia

Emergency declared in Serian as haze reaches hazardous levels (UPDATED)

Malaysia

Haze in Serian enters emergency phase

Malaysia

Death sentence for deaf, mute man who killed family of four upheld

Malaysia

Retired army officer with Datuk title charged with alleged sexual assault of golf caddie

Heritage

Penang first state to recognise Hungry Ghost Festival, cemeteries as heritage

You may be interested

Malaysia

Indonesia’s forest fires reached 10% of 2015 emissions as Sarawak haze worsens

Malaysia

Six Malaysians held over RM45 million drug haul linked to co-pilot

Malaysia

Guan Eng calls for action against Zahid for overspent allocations

By Ian McIntyre

Malaysia

Serian air pollution hits hazardous level with API reading of 495

Malaysia

Child malnutrition needs urgent action, says Charles Santiago

By Alfian Z.M. Tahir

Malaysia

Cloud seeding targets Sarawak dams amid heat and dry spell

Malaysia

‘I will quit if Zahid asks me to, not anyone else’ - Asyraf Wajdi

Malaysia

12-year-old boy dies after motorcycle crashes into lorry in Gurun