Testing foreigners at condos for Covid-19 is wrong, says Bar

 

Barring entry for those who do not want to be tested for Covid-19 goes against the Strata Management Act (2013).

PETALING JAYA: The Malaysian Bar said today the managements of strata properties, such as apartments and condominiums, cannot screen and deny entry to non-Malaysian residents for Covid-19 under existing laws.

Its president Salim Bashir said the Strata Management Act 2013 (SMA) did not permit the joint management body or management corporations to demand that residents undergo such tests and bar entry to those who refuse to comply.

Salim said, according to the SMA, the management could amend or include additional by-laws in order to enhance safety and security measures but this could only be done after approval at the management body’s annual general meeting.

“However, the Malaysian Bar is of the view that this cannot be used to violate the property rights of owners or residents.

“It should also be noted that pursuant to Article 13(1) of the Federal Constitution, ‘no person shall be deprived of property save in accordance with law’,” he said in a statement.

Last week, senior minister for security Ismail Sabri Yaakob said managers of condominium or apartment buildings had the power to require residents to undergo Covid-19 testing.

He said although the National Security Council had not laid down such a policy, “we do not prohibit condos or any residential areas from issuing such orders to protect their residents”.

Salim went on to say that the Prevention and Control of Infectious Diseases Act 1988 or Act 342, which is being used to deal with the pandemic, also did not grant management bodies the power to deprive entry to residents into their homes.

Neither does it mandate Covid-19 testing before allowing residents entry.

“Therefore, we urge the honourable minister to take cognisance of the current laws in relation to this issue before making decisions.”

He added that mandating Covid-19 tests would cause financial distress to migrant workers and refugees who mostly fell under the B40 financial group, adding: “Non-Malaysians must be treated equally and with respect, without subjecting them to being discriminated against by virtue of their citizenship.” -FMT