Govt Exempted From Lawsuits For Any Act Neglect Or Default Done In Good Faith Under Emergency Ordinance Says Gazette

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PUTRAJAYA: No court action or lawsuits can be taken against the government under the freshly-gazetted Emergency (Essential Powers) Ordinance 2021.
It is stated in the Ordinance, which was gazetted on Jan 14, that no action, suit or prosecution can also be taken against any public officer.
“No action, suit, prosecution or any other proceeding shall be brought against the government, any public officer or person appointed in respect of any act, neglect or default done or omitted by it or him in good faith, in carrying out the provision of this Ordinance, ” it stated.
On additional powers of Armed Forces, it is stated in the Ordinance that: “for as long as the Emergency is in force, the Armed Forces, upon direction by the Yang di-Pertuan Agong or person authorised by the Yang di-Pertuan Agong, shall have the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code, and such powers will be in addition to the powers provided for under the Armed Forces Act and not in derogation thereof.”
On executive and legislative powers, the Ordinance stated for as long as the Emergency is in force, the Prime Minister and Cabinet that existed prior to the proclamation of Emergency shall continue to exercise their functions, as with Mentris Besar, Chief Ministers, state executive councils or state Cabinet.
The Ordinance also allows for the establishment of an independent committee to advise the Yang di-Pertuan Agong on the continuing existence of the grave emergency arising from the pandemic.
Election of Parliament or State Assembly, should there be any vacancy in seat, will not be carried out for as long as the emergency is in force.
“For as long as the emergency is in force, the Yang di-Pertuan Agong may make regulations as may be necessary or expedient for the purpose of carrying into effect the provisions of this Ordinance.
“For as long as the emergency is in force, the powers given under this Ordinance shall be in addition to, the powers given by or under any other written law for the time being in force.
“In the event of any conflict or inconsistency between the provisions of this Ordinance and any other written law, the provisions of this Ordinance shall prevail, ” it stated.
On Jan 11, the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had consented to a state of emergency being declared under Article 15 of the Federal Constitution.
The nationwide state of emergency until Aug 1 is to curb the Covid-19 pandemic that has reached alarming levels in the country. - Star

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