LETTER | Parliament D-day: What is the fate of Emergency Ordinances?

LETTER | The next five days up to July 31 is critical for Malaysia. This will determine whether the country moves to a new, albeit better, governance to address the grave emergency threatening the security, economic life and public order arising out of Covid-19. 

The verdict out there is that despite the Emergency (Essential Powers) Ordinance 2021 promulgated by the king on Jan 11 to address Covid-19, the pandemic is at its worst crisis thus far, and no signs of abating. The EOs are expected to end on Aug 1, if not sooner revoked or annulled.

The cabinet has scheduled a “special meeting” of the Parliament on July 26. On the agenda is a briefing by ministers and "tabling" of the EOs, among others. However, it is uncertain whether there will be debates or voting on the EOs.

I have written on the constitutional provisions relating to the powers of the Parliament. In effect, the cabinet has a collective responsibility to the Parliament, which consists of the king and the two houses of Parliament. 

Therefore, Parliament matters are the sole prerogative and under the authority of the king and the MPs/senators respectively. 

The Standing Orders on the conduct of the Parliament has to conform to the provisions of the Federal Constitution, not supersede it.

Article (7) states “At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, … shall cease to have effect, …."

Therefore, my interpretation is that the EOs shall automatically be in effect for another six months or until the end of January 2022.

All indications are the cabinet does not intend to allow a decision or voting on the EOs. A further complication that may be cited is the Covid-19 health concerns of the MPs that may not allow for full attendance. 

Inexplicably, the high-powered committee set up some time back has yet to come up with its SOP for a hybrid Parliament. But I have suggested an SOP, in my opinion piece of June 28 that would allow all MPs to be physically present in Parliament with adequate controls, including for voting. 

In cases of MPs being quarantined, there is precedence where such MPs have attended with full protection.

If the cabinet claims time is not sufficient, the briefings may be conducted appropriately in the usual question and answer session, and the rest of the time to debate on the EOs and other urgent matters. 

After all, what is there that the government has not announced and debated extensively in public, that can only be briefed and answered in Parliament? Is it because the MPs can be made to do the bidding of invested interests.

Most importantly, it is reported that the king and the rulers have expressed their desire for the EOs not to be extended, which I believe, includes the grace period of six months.

I, therefore, appeal to all the MPs to do the right thing as provided for in the constitution and honour the wishes of the king, rulers and the rakyat. 

At least from the rakyat’s perspective, the EOs have failed in their purpose to address the grave emergency. This calls for proactive and firm action by the MPs to fulfil their oath to preserve, protect and defend the constitution, and not be subjugated by any other party.

Yesterday, there was a record of 17,045 cases and over one million cases. How long can the rakyat tolerate empty promises and false assurances? We need a new committed and responsible governance.

The writer was director, Environment/Conservation, Ministry of Science, Technology and the Environment (1993-2000), head of Environment/ Haze/Disaster Management, Asean Secretariat, Jakarta (2000-2014), and senior fellow at S Rajaratnam School of International Studies (RSIS), Nanyang Technological University, Singapore (2014-2016). Email: [email protected].

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.