The Malaysian Insight

PUTRAJAYA is abusing the declaration of emergency to keep its hold on power rather than fight the Covid-19 pandemic, academics at a forum said.

The virus outbreak could instead be dealt with under the Prevention and Control of Infectious Diseases Act 1988 (Act 342) without the need to call an emergency, they added.

Selangor’s Universiti Centre of Excellence (Unisel) director Mohd Nor Nawawi said Act 342 was comprehensive enough for the government to enforce to control the pandemic.

“The law is comprehensive enough but what we see is more power is placed with the executive with no opportunity to question. We worry this will lead to autocratic rule,” Nor Nawawi said in an online forum titled “Emergency Ordinance 2021: What people need to know”.

The forum was organised by Unisel’s Institute of Electoral Studies and Advancement of Democracy (IESAD), think-tank Institut Darul Ehsan and the Malaysian Academy of Democracy and Citizenship Education.

The state of emergency came into force on January 11 after the Yang Di-Pertuan Agong gave his consent to the proposal by Prime Minister Muhyiddin Yassin. It is to last until August 1 or earlier, depending on the pandemic situation.

Unisel visiting professor with the Faculty of Health Sciences, Jamal Hisham Hashim, said the emergency should also cease once the daily number of virus infections is reduced.

“If the emergency was genuinely meant to fight Covid-19, then if we succeed in bringing down the number of cases, the emergency should no longer be deemed necessary. We can revert to movement-control orders to continue the fight against Covid-19.

“We are also going to begin our national vaccination programme, so we have new weapons to fight the pandemic. What then, do we need the emergency for? 

“Once the number of cases is down to a safe level, we should rethink the need for an emergency,” Jamal said.

Nor Nawawi added the emergency was “timely” for Muhyiddin, who is facing questions about his government’s legitimacy, given his minority support in Parliament. 

Under the emergency, elections, Parliament and legislative assembly sessions are suspended.

“If Parliament is to proceed without a state of emergency, this March could see the government fall,” Nor Nawawi added.

Lawyer and IESAD fellow Madhi Hasan said he was concerned there was now no check and balance on the government.

“There needs to be checks and scrutiny or decisions will be lopsided and the tendency to corruption is left unchecked,” he said. – January 27, 2021.