Senior Minister (Security Cluster) Ismail Sabri Yaakob has come under fire for allowing the managements of condominium to ask their residents to submit a Covid-19 report and bar those who fail to comply from entering the premises.
Taking to social media, opposition lawmakers and health experts raised concern that such a discriminatory policy may result in those who can't afford the Covid-19 test to end up on the streets while the government has no place to quarantine them.
NGOs representing condominium managements, meanwhile, said there is no legal basis to impose such a rule.
"This is so wrong on many levels. It discriminates. Covid-19 positive people and those under quarantine will end up on the streets since there is no space in hospitals," said DAP Klang MP Charles Santiago.
"Barring people from going to their own homes has no legal basis. Wake up, Ismail Sabri," he said.
PKR Lembah Pantai MP Fahmi Fadzil urged the government to review the policy.
"The minister said the tenants can be ordered by the joint management body or residents association to conduct Covid-19 screening but the test cost is relatively high where an RTK-Antigen Test is between RM100 and RM140 while the PCR test costs between RM200 and RM300," he said.
"How can the B40 afford this to pay their way back home? The policy must be reviewed if not it may discriminate against those who are less capable," said Fahmi, who is also PKR communications director.
He said condominiums need to formulate such "house rules" via an extraordinary general meeting (EGM) before effectively implementing it as enshrined under Strata Management Act, 2013.
"It needs a 21-day notice and the EGM. EGMs are not allowed during the movement control order. So, how can this instruction be implemented by the joint management bodies or management bodies legitimately? Is the minister aware of this?" asked Fahmi.
Meanwhile, DAP Segambut MP Hannah Yeoh was angered by Ismail Sabri's remark saying it would cause inconvenience to tenants.
"Furious. When will the minister use scientific methods to govern the country? Covid-19 doesn't discriminate between house owners and tenants, between Malaysians and non-Malaysians, between the people and the minister. Don't make such an announcement that will burden lots of the tenants," she said.
Yesterday, Ismail Sabri said the management of condominium and residential complexes could make rules that will ensure the safety of their residents.
"We do not stop them. Although there is no such policy made by the National Security Council, we do not prohibit condos or any residential areas from issuing such orders to protect their residents," he said.
It was reported that the management of several condominiums have made it mandatory for their tenants to undergo a Covid-19 test.
However, several experts had reportedly said the management bodies have no legal right to do so.
The move has also been condemned by public health experts interviewed by Malaysiakini who said that it does not help to curb the coronavirus.
Health experts questioned if a single Covid-19 test would help to prevent an outbreak as subsequent tests may show a positive result.
"If you want to test tenants, please be reminded you'll have to test repeatedly. If positive, you are not allowing them to home quarantine, is it ?" former health deputy director-general Dr Christopher Lee questioned
It would be better for the condominium management bodies to ensure SOP compliance in the common areas of the condominium instead of asking the residents to take a test as an easy way out, he said.
Concurring, Dr Sherrini Ahmad asked how were condominium joint management bodies setting up rules related to Covid-19.
"I am a healthcare worker. So do I get tested every three days? Weekly? Biweekly? I am high-risk due to my job. What will my test mean to all the residents?" she tweeted.
"Do we have enough beds at the Malaysia Agro Exposition Park Serdang (MAEPS), a makeshift facility to treat Covid-19 patient to admit them? Why don't you make it mandatory for everyone? Afterall the aim is to increase testing, right?" she said.
In a joint statement, NGOs representing property and facility managers said existing laws do not allow such a rule to be carried out by the management bodies.
"We are of the opinion that there are presently no such legal provisions to facilitate the management to carry out such an action and strongly recommend our members and generally all related practitioners, joint management bodies and management corporations to refrain from doing so," said the statement.
"Unless there is a directive in the form of an official SOP issued either by the National Security Council (NSC) and/or the Ministry of Housing and Local Government, property managers, joint management bodies and management corporations should first seek a legal opinion before taking such action," said the NGOs.
The statement was jointly signed by Malaysian Institute of Property and Facility Managers (MIPFM) president Adzman Shah Mohd Ariffin, Royal Institution of Surveyors Malaysia's (RISM) Property Surveying Division and Association of Valuers, Property Managers, Estate Agents and Property Consultants in the Private Sector Malaysia (PEPS) president Michael Kong. - Mkini
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