We do not need NOC 2.0

 

Last week, the principal private secretary to the prime minister, Dr Marzuki Mohamad, uploaded a video on his Facebook page. In the said video, Marzuki spoke about the National Operations Council (NOC) or better known as Mageran and how, in his view, the formation of Mageran would not be appropriate at this point in time.

His video raised a few eyebrows. It was published during the time when the Yang di-Pertuan Agong (YDPA) met with leaders from political parties to discuss matters relating to the Covid-19 crisis. At that time, there was no indication that any of those discussions were about the formation of Mageran or anything similar.

It was only later that former prime minister Dr Mahathir Mohamad revealed that he had raised the issue of Mageran in his meeting with the YDPA. According to him, the current approach to tackling the crisis is not working and the country needed a new approach. To him, Mageran is the answer.

Days later, Mahathir reframed his idea by calling it the ‘National Rehabilitation Council’. According to him, this council would be ‘apolitical’ and come directly under the YDPA and will expire once Malaysia achieves herd immunity against Covid-19.

Mageran, in its original form, is not a creature of the Federal Constitution. Instead, it is a creation of the Proclamation of Emergency, specifically the Emergency of 1969 after the May 13 race riots.

Mageran then existed because the application of Articles 39 and 40 of the Federal Constitution were suspended. Article 39 provides that the executive authority of the federation vests in the YDPA and cabinet, while Article 40 provides that generally, the YDPA acts on advice of the cabinet.

By suspending these two articles, Emergency (Essential Powers) Ordinance (No 2) of 1969 allowed for the governing power to be conferred on the director of Mageran, which at that time was deputy prime minister Abdul Razak Hussein.

Thus, in order for Mageran to exist, the current Emergency must continue. Without the Proclamation of Emergency, the Mageran cannot exist.

It is quite clear that the Emergency has failed. Since the Emergency was proclaimed early this year, the Covid-19 situation in Malaysia has become worse. We are now in the third movement control order, in its various forms and permutations, and there is every likelihood that we may only see some restrictions lifted in July or August. At the same time, the Covid-19 death toll has breached the 4,000 mark today.

All the Emergency has done is to suspend Parliament to allow the federal government to act without accountability.

Therefore, to extend the Emergency in order for the Mageran to be formed would be contrary to the position shared by many quarters; that the Emergency must end.

Unelected body

Is there a need for an apolitical body to make decisions on the pandemic? Certainly, an argument can be made for such a body. Such a body can consist of experts in their field, and may even be conferred some limited authority to make decisions.

But it cannot be the sole executive authority. Executive authority must still be exercised by the federal government, and by reconvening Parliament, the government would be accountable to the legislative body.

We cannot have an unelected body making decisions without political or constitutional accountability.

In many ways, I agree with Marzuki - 1969 was a different sort of crisis. Perhaps, the Mageran then was the best response to the race riots.

But we are in 2021, and while the pandemic is unprecedented, we also do not want less democracy and accountability. Throughout the past year, we have seen how the government has U-turned on ridiculous decisions after backlash from the public. This can only happen because the people are aware of their rights and are willing to speak out.

We do not need Mageran 2.0. What we need is for the Emergency to end, so that everyone can play a role to tackle this crisis. - Mkini

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SYAHREDZAN JOHAN is a civil liberties lawyer and political secretary to Iskandar Puteri MP Lim Kit Siang.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.