Prime Minister Muhyiddin Yassin had declared the state of emergency illegally and is now using the power to run a dictatorship, said Dr Mahathir Mohamad.
The former prime minister in his blog post today pointed out that the legitimacy of the Muhyiddin government was also in doubt when he presented to the Yang di-Pertuan Agong the advice to declare an emergency.
"The declaration itself did not follow the law on the declaration of emergency. The declaration had to be laid before Parliament. This was not done. Therefore the declaration is illegal.
"It is also noted that at the time the prime minister advised the Agong to declare a state of emergency, his claim to be the prime minister of Malaysia was in doubt.
"But the government doesn’t care about its status. The gazette that it issued makes it sound as if the Agong has taken over the government and is now its chief executive," he said.
"All action and powers exercised under the Emergency (Essential Powers) Ordinance are in the name of the Agong but His Majesty can authorise any person to act for him. The person concerned is not named but all the actions or exercise of power has clearly been carried out by Muhyiddin as prime minister," he added.
It is believed that Mahathir was referring to Article 150(3) of the Federal Constitution which provides that the proclamation of emergency is to be laid before both Houses of Parliament.
The Perikatan Nasional (PN) government announced a state of emergency on Jan 12, in view of the growing number of Covid-19 cases.
The declaration of emergency allowed Muhyiddin to suspend Parliament and delay the Sarawak state election, where the term of its state assembly will automatically expire in June, until later in the year.
According to Mahathir, while the prime minister and his cabinet are exercising emergency powers that are stipulated under the Federal Constitution, emergency ordinances passed since the declaration had superseded existing laws, including the Constitution.
This includes protection on Muhyiddin and the government against any legal action such as suits and prosecution.
"The country is now ruled by decree. There is no longer any democracy. The voice of the people in a functioning democracy is via Parliament. But it is not open. The only description we can make of this government is that it is a dictatorship," the Langkawi MP said.
Mahathir added that the emergency was never about the Covid-19 pandemic but was politically motivated, and it had taken its toll on the country's economy.
"The government is not even functioning properly as inexperienced ministers are not able to deal with the political, economic, social and health problems."
Previously, an emergency ordinance was enacted criminalising "fake news" regarding the emergency.
De facto Law Minister Takiyuddin Hassan had said claiming the emergency declaration was sought because PN had lost the majority in the Dewan Rakyat, was considered an offence. - Mkini
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