Ex-CJ heads committee to advise Agong on emergency

 

Former chief justice Arifin Zakaria will lead the 19-member independent committee to advise the Yang di-Pertuan Agong on when the proclamation of emergency should end.

The terms of reference for this committee is unknown. The full list of committee members are as follows: 

• Arifin Zakaria, former chief justice – chairperson
• Samsudin Osman, former chief secretary to the government
• Norian Mai, former inspector-general of police
• Zulkifli Zainal Abidin, former armed forces chief
• Dr Mohamad Taha Arif, former health director-general
• Dr Yahya Awang, cardiologist
• Ter Leong Yap, National Chamber of Commerce and Industry of Malaysia president
• R Palan, pro-chancellor, Universiti of Cyberjaya
• Salehuddin Saidin, lawyer
• Mohd Asri Zainul Abidin, Perlis mufti
• Dr Andrew Kiyu Dawie Usop, public health expert
• Sukarti Wakiman, former Sabah state government secretary
• Noh Omar, Tanjung Karang-Umno
• Rohani Abdul Karim, Batang Lupar-PBB
• Azizah Mohd Dun, Beaufort-Bersatu
• Nik Muhammad Zawawi Salleh, Pasir Puteh-PAS
• Saifuddin Nasution Ismail, Kulim-Bandar Bharu-PKR
• Anthony Loke Siew Fook, Seremban-DAP
• Dzulkefly Ahmad, Kuala Selangor-Amanah

According to Section 2 (2) of the Emergency (Essential Powers) Ordinance 2021, the members of the committee was to be appointed by the Yang di-Pertuan Agong.

Malaysiakini understood that the Law Minister's Office was in charge of putting the committee together.

On Jan 11, the Agong proclaimed a state of emergency, giving the government sweeping powers to suspend Parliament, suspend elections, seize property and resources, grant police powers to the military, and amend existing laws without going through Parliament.

These powers are stipulated in the Emergency (Essential Powers) Ordinance 2021, which has a start date - Jan 11 - but no end date.

The purpose of the independent committee, described in Section 2 (1) is to advise the Agong on the "continuing existence of the grave emergency threatening the security, economic life, and public order of the Federation" arising from the Covid-19 pandemic.

The ordinance does not explicitly state that the committee's role is to advise the Agong on when to lift the emergency.

However, the Yang di-Pertuan Agong has made it clear this was the committee's role, stating Aug 1 as the intended date for the emergency to expire.

A similar commitment on an intended end-date was undertaken by Prime Minister Muhyiddin Yassin, who added that the committee's goal was also to ensure that the emergency was enforced in a "fair and transparent" manner. - Mkini