KOTA KINABALU: Sabah lawyers have called for adequate representation from the state and Sarawak in the government’s independent committee to advise the King on the Covid-19 situation and when the emergency should end.
Sabah Law Society (SLS) president Roger Chin said he was reassured by the formation of the committee to ensure a fair and transparent implementation of the state of emergency. However, the Emergency (Essential Powers) Ordinance 2021 does not explicitly provide for such a composition.
“As there will be no Parliament or state assembly meetings for the duration of the emergency, it is important that all the voices of the people through their respective MPs continue to be heard. It is crucial that the independent committee must include Sabah and Sarawak representation,” he said.
The independent committee is to consist of government and opposition MPs and will advise the Yang di-Pertuan Agong on the Covid-19 situation and the duration of the emergency.
However, SLS questioned whether the state of emergency was proclaimed in order to prevent elections or to curb the pandemic.
Chin said the Sabah elections last year showed that holding an election could be disastrous in the management of infections.
“From experience, it appears that SOPs (health rules) will not be adhered to in the grips of elections. Even after the stinging rebuke of the Sultan of Perak last year, reports of shifting allegiances and the rise and fall of political factions on a national level soon resurfaced.
“So, if it is indeed true that the underlying reason behind the declaration was to prevent an election, then the emergency should have been called for this limited reason only,” he said, adding this would subsequently raise several concerns.
Firstly, he said, no justification was provided as to why the emergency was declared until Aug 1 or earlier should cases come under control.
Chin said this was especially so when the science, technology and innovation minister Khairy Jamaluddin informed the public that Malaysia would receive its first delivery of vaccines sometime before the end of February.
He added that the Emergency Ordinance also did not provide for the end date of the emergency but only the commencement date. “An emergency should only last as long as is absolutely necessary and no longer.
“SLS respects the decision of the King. However, as stated before, there are already sufficient laws, in particular the Prevention and Control of Diseases Act 1988, and measures in place to deal with Covid-19.
“The movement control order (MCO) recently imposed in five states and the three federal territories appears to prove this point.
“Further, as evidenced by the placements of different parts of Malaysia under different (types of) MCOs, perhaps there was no need for the whole nation to be under emergency but only selected parts as deemed necessary,” Chin said. - FMT
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