Both federal and state govt’s told to ‘show fidelity to the constitution’

A Gerakan youth activist has urged all sides of the political divide to show fidelity to the Federal Constitution while dealing with the Covid-19 pandemic and conditional movement control order (CMCO).

Former party state acting youth chief Jason Loo (photo) said it will be in the spirit of constitutionalism that both federal and state governments should communicate and work together over the issue.

"This is so that the public is not confused, let’s save the nation together," Loo told Malaysiakini.

"The states that opted not to follow the federal government’s decision to allow economic sectors to resume operations, cannot effectively stop industry players from operating without the aid of police officers who work and act according to the federal order," said the lawyer.

"Likewise, the federal government could not effectively enforce the MCO or conditional MCO without the support of all the 13 state governments," he added.

Penang, like five other states, opted not to comply with Putrajaya's decision to open businesses and resume work in some industries on May 4 under the conditional MCO.

This prompted senior minister Azmin Ali to say this might lead to industries taking legal action against those states, to which Penang Chief Minister Chow Kon Yeow said he was prepared to face such actions.

Loo said due to the conflict between the federal and some state governments over the opening of businesses, there had been a lot of confusion among the people.

"The confusion is over which order is right and the people just want clarity on how to react according to the law," Loo said.

"The safeguard of public health and economic sectors can only be achieved effectively through the collaboration between the different levels of government and the public," he added.

Loo urged all sectors to look at legislations to further understand the legal issues behind the government's decision.

He said under List 3 of the 9th Schedule of the Federal Constitution, both the federal and state governments have concurrent jurisdiction over matters of public health, sanitation and prevention of diseases.

This meant that the federal and states have certain powers to handle the problems related to Covid-19, he added.

"While the MCO is gazetted and imposed under the Prevention and Control of Infectious Diseases Act 1988 and the Police Act, frontliners like the police officers act according to the order of the federal," Loo reminded.

"They have been helping in enforcing the MCO effectively so far.

"This means the state governments also play a very important role during the MCO period as they deal with public health in public areas and also setting regulations for running essential businesses in the states under regulations like the Local Government Act, such as arranging wet markets set up for the public," Loo said.

"No doubt the Federal Constitution empowers the state governments over matters of public health, sanitation and prevention of diseases," he added.

"However, under Article 75 of the FC, if a state law is inconsistent with a federal law, the federal law prevails," Loo stressed. - Mkini