JANUARY 18 — Rule of law must be protected and respected at all times. Nobody should be permitted to abuse their power throughout the state of Emergency period which been enforced in our country presently. State of Emergency means the suspension of check and balance process by the Parliament and the centralisation of most of the administrative power to the government. We must always remember that our country is a democratic country and this democratic identity has been attached with our country since we gained our independence. Rule of law and human rights principles should be respected at all-time regardless the situation we been put into. There cannot be any room of abuse of power by anyone though we are now in the state of Emergency period. On Tuesday, the Yang di-Pertuan Agong (The King), has declared state of Emergency in order to control and curb the spread of Covid-19 in the country. According to the state of Emergency declaration, the King has consented for the state of Emergency which to last until August 1. It can be ended at an earlier date if Covid-19 infection cases in the country are reduced and stabilised.
What is a state of Emergency? In Malaysia, a state of Emergency in is a situation in which the federal government is empowered to be able to put through policies that it would normally not be permitted to do. Article 150 of the Federal Constitution permits the Yang di-Pertuan Agong (The King) to issue a Proclamation of Emergency and to govern the country by issuing ordinances that cannot be challenged in a court of law. State of Emergency been declared with the objectives to protect the safety of the people and protect the country. Article 150 (1) of the Federal Constitution clearly states that “If the Yang di-Pertuan Agong is satisfied that a grave Emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a proclamation of Emergency making therein a declaration to that effect”. Article 150 (2) of the Federal Constitution further states that “A proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the yang di-pertuan Agong is satisfied that there is imminent danger of the occurrence of such event”. After state of Emergency been declared, our Parliament will be suspended thus allow the the government to have almost absolute authority over the administration of the country. The government will also able to do many things without having so much check and balance process from the Parliament throughout this state of Emergency period. An Emergency declaration would also mean that the federal government can expand its authority to any matter, even including those within the jurisdiction of state governments. According to Article 150(4) of the Federal Constitution, it states that “While a proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer or authority thereof”. Any Emergency Ordinance (EO) which being made during the proclamation period has the same effect as an Act of Parliament, and they remain effective until they are revoked by the King or been repealed by Parliament as stated under Article 150 Clause (2C) and Article 150(3) of the Federal Constitution. Such EO can also supersede the Federal Constitution, except on the matters of Islamic law or custom of the Malays, native law or customs of Sabah and Sarawak, citizenship, religion or language as stated under Article 150(6) and Clause (6A) of the Federal Constitution.
Though huge power will be given to the government throughout this state of Emergency period, they must respect the existing constitution in the country. Any forms of abuse of power which can bring harm to the public should be avoided at all cost. Special situation does not give anyone a right to do anything they wishes. People rights and interests should be respected and protected. Any rules or regulations which the government want to create throughout this state of Emergency period should not violate all the existing rule of law, due process as well as human rights principles. People must not be denied over their basic rights. The government must understand that all their actions throughout this Emergency period are being watched and monitor closely to ensure the right and interest of all Malaysian are protected and not being infringed. All actions taken by the government throughout this state of Emergency period must be monitor properly by everybody in the country especially from the civil societies, human rights and legal groups. At the same time, this Emergency period should also be a signal to the government to call for opposition to engage in the agenda of tackling the health and economic crisis facing the country today. Either party cannot take advantage of the state of Emergency to suppress or aggravate the situation of any party simply for being in a different political position. On the other hand, it should be a field or opportunity for all parties, politicians in particular to sit spells and think about people’s welfare.
People do not want the political agenda to be preached and repeatedly many times through television broadcasts or in newspaper. What is important today is to ensure that the people’s welfare are well taken care of and their economic welfare is defended even the country is in a state of Emergency. In fact, the bipartisanship political agenda should be the key strategy in fighting the current country’s health and economic crisis. This is not the time to talk about general election or who more suitable to lead the country when there are still many citizens out there who are currently struggling to survive, hungry and sick.
* Muzaffar Syah Mallow is an Associate Professor of Faculty of Syariah & Law at Universiti Sains Islam Malaysia (USIM) and Syed Saddiq Abdul Rahman is the Member of Parliament for Muar.
* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail Online.
