Rais: King has power when to recall Parliament under emergency

 

Dewan Negara President Rais Yatim is of the opinion that the Emergency Ordinance 2021 gives the king authority to recall Parliament.

Rais, who is also the Negeri Sembilan Bersatu chief, cited Section 14(1)(b) of the ordinance which states: "Parliament must be called, prorogued or dissolved at a date deemed appropriate by the Yang di-Pertuan Agong".

"This power was devolved to His Majesty. The devolution of power is complete," he tweeted today.

Rais' opinion contrasts with that of the administration led by his party's president Muhyiddin Yassin which appears set on reopening the House in September.

In a statement on Wednesday, the king did not state a specific date for Parliament to reconvene but said it should be done "as soon as possible".

The Prime Minister's Office said it 'took note' of the king's view and would act in accordance with the Federal Constitution.

Section 40(1) of the Federal Constitution states that the king acts on the advice of the government.

Lawyer New Sin Yew argued that this also applies to emergency powers, meaning that the king must still wait for the government's advice before reconvening Parliament.

"Under the Federal Constitution, the king can't act on his own accord.

"The emergency ordinance must be read with Article 40(1) of the Federal Constitution," New told Malaysiakini.

Parliament's Standing Orders, meanwhile, also gives power to the prime minister, as leader of the House, to set when Parliament should reconvene with a 28-day advance notice.

The September timeline for Parliament's reopening was based on Muhyiddin's remarks that the House would convene once the country reached Phase Three of its Covid-19 exit plan.

Malaysia will enter Phase Three when it has fewer than 2,000 daily Covid-19 cases, intensive care unit capacity at moderate levels and with 40 percent of the population totally vaccinated.

The government estimates that these targets will be met in September.

De facto law minister Takiyuddin Hassan argued that September was considered too soon. - Mkini