Allah Controversy High Court Clarifies That Cabinet Decisions Do Not Have Force Of Law Lah Ag S Chambers Take Note Ah

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CABINET DECISISONS, THE PRIME MINISTER'S DECISIONS, THE MINISTERS' DECISIONS DO NOT HAVE THE FORCE OF LAW 


The sad thing is the ordinary Malaysian in the street has little knowledge of what is the law and how the law should work. 
I recall about 50 years ago my late father, who was a Civil Servant and lectured in public administration at INTAN, saying that the Federal Government CANNOT collect a single sen in revenue without first having a Bill passed in Parliament. All Federal government revenue collection must have the approval of Parliament. I believe this must also be stated in the Federal Constitution.
So as a school child I used to wonder if all those payments and fees demanded from students by schools and sometimes the school teachers were fully backed by Parliamentary approvals? I really dont think so. But this is Malaysia. No one challenges anything because the people are so ignorant. 
There may be the usual retorts - "well the Parliament has given the Government the authority to do this, and therefore because of that the Minister can authorise this and that and so we can collect this money from you bla bla bla." 
I think all that is bullshit. No one has challenged much or even any of this in Court. We are all sheep and lembus in Malaysia. We just swallow anything that is shoved down our throats. 
Take that RM10,000 compound / fine etc for breaching the Covid SOPs. Who authorised it? Ok its an Emergency and the Parliament is not in session but exactly who authorised that RM10,000 fine? There must be ONE SINGLE person who signed off on that RM10,000 compound fine. Who was it? Does the law allow for it? Show me which law?
Even before the Emergency the fine / compound was RM1,000. Ok fine, so who authorised that RM1,000 compound? 
If it was properly authorised then why is there so much confusion between the Police and the Ministry of Health? The Police say they can issue the summons but you pay the compound to the Health Ministry pula!!  
Was that RM1,000 compound done properly according to the law? Can someone identify exactly under what law was that earlier RM1,000 compound enacted? 
Because they increased that RM1,000 compound to RM10,000. Then the Pak Lebai Minister announced for first offenders it will be only RM1,500 compound, not RM10,000. And if you paid within seven days, you get 50% discount ie you pay RM750 only !!
Woi dunggu salam, then why not just leave the compound where it was at RM1,000 ?? RM750 is less than RM1,000 lah. 
But under exactly which law can the Minister announce that for first time offenders the compound shall be RM1,500? And that if you paid within seven days you get 50% discount? Under which law exactly?
Sekejap macam ini, sekejap macam itu. Ikut undang-undang apa ini? Ikut law kepala hotak bapak depa kah?   
Just like the Prime Minister or some Menteri Besar suddenly declaring a public holiday. Exactly under what law can the Prime Minister or a Menteri Besar declare a public holiday? In one Pak Lebai State they declared a permanent public holiday for some religious reason. Under what law can a State declare a public holiday? Under State law? There must be some coordination with Federal laws or the Federal Constitution because you simply cannot be declaring public holidays which can inflict serious losses on the economy. 
Another example is that JAKIM halal sticker which cannot be or should not be "legal" outside the Wilayah Persekutuan. Lets say a consumer in Penang sues a mee-hoon manufacturer in Penang for not being halal despite the mee-hoon factory using the Jakim halal sticker. Can the mee-hoon manufacturer in Penang seek legal refuge behind the JAKIM halal sticker? Under what "law"? Because in Malaysia, Islam is a state matter under the purview of the Sultan. There is no "Federal jurisdiction" for Islam. Jakim only has purview over religious matters in the Wilayah Persekutuan (KL, Putrajaya and Labuan). So can the Jakim 'halal' sticker provide legal relief outside of the Wilayah Persekutuan?  I dont think so. Well here is the deal - until this matter is one day taken to Court and proven otherwise, until then we shall just follow like lembus. 
Similarly exactly under what law of Malaysia can the MCMC fellow say that he will restrict the number of licensed courier companies operating in the country? They just make these pronouncements and decrees as though this country is some turd world, tin can dictatorship. 
And now may I salute the High Court which has at last announced what many, many, many Malaysians (except me of course) do not know : 
CABINET DECISISONS, THE PRIME MINISTER'S DECISIONS, THE MINISTERS' DECISIONS DO NOT HAVE THE FORCE OF LAW. 
INGAT BAIK-BAIK OK :  CABINET DECISISONS, THE PRIME MINISTER'S DECISIONS, THE MINISTERS' DECISIONS DO NOT HAVE THE FORCE OF LAW. 
IT IS THE OTHER WAY AROUND - CABINET DECISISONS, THE PRIME MINISTER'S DECISIONS, THE MINISTERS' DECISIONS ALL MUST FOLLOW AND OBEY THE LAW. 
Here is the news:






High Court Justice Datuk Nor Bee Ariffin examined govt’s 1986 written directive found 1986 directive to be unlawful and unconstitutional home minister acting beyond his legal powers to issue ban10-point solution by Cabinet on April 2, 201110-point solution has no force of law ! ! ! ! !
judge concluded govt’s reliance on “public order” was irrational
(OSTB : Haa haa haa).

judge listed out reasons why 1986 directive unlawful, unconstitutionalincluded home minister not having powers to issue 1986 directive1986 directive did not have statutory backing 1986 directive by Home Ministry unlawful and unconstitutional
OSTB : 
So you see the 1986 decision under Dr Mahathir and his Cabinet at that time was illegal. It was against the law. 
Meaning the decisions by the Prime Minister and/or the Cabinet can break the law. 
Cabinet decisions can only be administrative decisions. 
Cabinet decisions cannot and do not become law. 
Laws can only be passed by Parliament and Parliament alone.
Prime Ministers and Cabinet Ministers CANNOT make laws.
So to the Attorney General's Chambers please advise the public and the Cabinet:
Exactly under what law can :
1. a Prime Minister or Menteri Besar declare a public holiday?
2. under exactly what law can that Jakim Halal sticker provide any legal protection outside the Federal Territories?
3. under exactly what law can the MCMC restrict the number of licensed courier companies in the country?  
4. under exactly what law can the Minister announce 50% discount for SOP compounds, first offender pays "only" RM1,500 etc etc etc?
This is the 21st century lah. It is high time that Ministers and the politicians learn to obey the laws passed by Parliament. 
We must uphold the Rule of Laws passed by Parliament.
We do not need Rule by Strange Laws enacted OUTSIDE of Parliament. Those are not laws. They are illegal rules and they cause more problems.  
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.
By Syed Akbar Ali 

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