Antaraduadarjat In The Letter Of Law

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Last year, Plantation Industries and Commodities Minister Khairuddin Aman Razali courted controversy when it was revealed that he did not undergo quarantine when he returned from Turkey in July.
The rakyat perceived that there seem to be two different treatments between ordinary citizens and members of the cabinet. They see it as if there are two different classes and the law was executed in a way that treated members of these classes differently.
Malaysians made comparisons with the numerous cases of individuals being arrested and brought to court for flouting the rule. This included the ‘pink wristband lady’ and the eatery owner who purportedly caused the Sivagangga cluster. It would seem that the minister was let off with a mere slap on his wrist.
People perceived this to be a case of ‘antara dua darjat’, different levels of treatment by the law for VIPs and normal citizens.

Prime Minister Muhyiddin Yassin
This despite Prime Minister Muhyiddin Yassin’s claim in one of his many national addresses that his proverbial cane (rotan) would be meted out without regard for rank and status.
The perception of antara dua darjat that haunted Perikatan Nasional government did not go away, even months after Khairuddin’s breach.
Citizens have frequently pointed out many instances in which ministers, members of the executive and some VIPs have been spared from punishment for breaching the standard operating procedure (SOP) set out by the National Security Council (NSC) and the Health Ministry.
But at least before this, the laws and SOPs were not inherently unequal. Before this, the criticism of selective enforcement related to the execution of these laws and SOPs. On paper at least, there was no distinction between VIPs and normal citizens.
All this changed with the latest order issued by Health Minister Dr Adham Baba pursuant to his powers under the Prevention and Control of Infectious Diseases Act 1988.

Before this, every one who returned from abroad had to undergo 10 days of mandatory quarantine. 

However, with the Prevention and Control of Infectious Diseases (Exemption) Order 2021, Adham exempts any cabinet minister who returns from any oversea official visit from the mandatory quarantine period. The minister need only undergo observation for three days before being allowed discharge.

Health Minister Dr Adham Baba
This latest order is baffling, to say the least. There seems to be no science behind the decision. One can even argue that ministers have a higher risk of infecting other people due to the nature of their work. They meet more people than the average citizen and they are able to travel within the country for work.
In fact, there has been at least one instance of a Covid-19 cluster started by a minister who did not quarantine after returning from Sabah.
It seems that the government did not learn from their decision not to require mandatory quarantine to those returning from Sabah after the state elections.
Equally as important is that this latest order reinforces the belief that there are indeed two sets of laws for ministers and citizens when it comes to Covid-19.
If before this the double standards exist in execution, with this order the double standards now exist in the letter of the law.
Unsurprisingly, many have stepped up the call for the Health Minister to step down. At the time of writing, the hashtag #AdhamBabaLetakJawatan is the top trend on Twitter.
But make no mistake, the Order is unlikely to be the health minister’s decision alone. Such a major decision must have gone through cabinet deliberations. As such, the whole cabinet should equally be responsible.
Citizens recognise this fact, and that is why #MuhyddinOut, the hashtag demanding that the prime minister resign which first trended in October last year, is also trending at the time of writing.
As Parliament has been suspended due to an Emergency Ordinance, there is also no way for MPs to question the minister for this decision. As such, there is no obligation for anyone from the administration to explain this perplexing decision.
So the resentment festers, as anger towards the PN government reaches an all-time high, less than one year since the seized power.

Time will tell whether they will ultimately pay the price for ignoring the voices of the people. 


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

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

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