Is The Minster Of Law Defending The Indefensible

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MP SPEAKS | I have read in toto the official statement issued by the minister of law on April 20, 2021, and in turn reported in almost all major media. In essence, the statement sought to justify the existence and the continuity of the current emergency.
Anyone who reads the statement will definitely notice a glaring missing fact therein. Not even a single sentence on Parliament was mentioned by Takiyuddin Hassan (above) in his press release.
Truth be told, I am not too sure whether he has successfully managed to convince the people via such a statement. Whether such a statement may possibly inspire investor confidence, with due respect, remains doubtful.
Like it or not, the proclamation of emergency, in my view, has unduly caused more harm than generated any positive results, at least to the economy. The fact that Covid-19 infections are on the rise, despite the existence of an emergency, has led to an avalanche of fierce criticism hurled at the present government.
By and large, people are getting tired and frustrated with the government. Be that as it may, any attempt by the minister of law, trying very hard to salvage the dented image of the government, seems to be an exercise in futility.
To add salt to injury, the minister's argument in defending the emergency via his media release is seen to be extremely weak and fragile.
First of all, having read his statement, I must say it contains a lot of flaws. For example, his contention that all the steps taken by the government are merely to contain the spread of the Covid-19 is puzzling indeed. I wonder who is ready and willing to buy such a mind-boggling mantra?
One may justifiably ask this question - is the suspension of Parliament also part of the said plans for the sole purpose of containing the virus?
His call for the Bar Council and all legal practitioners to educate the people on the correct position of laws may be easily accepted by PAS members who are trained not to question their leaders. Frankly speaking, I doubt that such a laughable statement may resonate with other Malaysians.
As far as I know, the Bar Council and the legal fraternity have spoken the truth as far as to the right position of the law. Yes, the truth hurts. As far as I am concerned, the biggest blunder unduly committed by the present government is its unwise treatment of the institution of Parliament.

In any functioning democracy, Parliament plays a prime role as an effective mechanism of check and balance. Malaysia cannot run away from this universal truism.
Looking at the current scenario, the present government has inadvertently committed two grave mistakes. First, the existence of an emergency. Second, the suspension of Parliament. These two items are the real threats to any workable democracy. Both are perceived to be "the deadly virus" to democracy.


On May 9, 2018, the entire world hailed Malaysians for their oustanding achivements in ousting the BN government via a general election.
To many quarters, the said achivement was a huge inspiration. It cemented this fact - that the peaceful transition of government via an election was possible even in a developing country. Alas, the joy was merely temporary.
Unfortunately, the Perikatan Nasional government has unduly turned the country from a vibrant democracy into a questionable autocracy.
To be fair to the present government, it may still, possibly, be able to win the hearts and minds of the people - despite the proclamation of the emergency - if it still respects and honours a modicum of democracy by allowing the Parliament to still function even during the emergency. It would indicate that the emergency has nothing to do with its political survival.
By allowing Parliament to function and in turn play its role as a check and balance institution, it would show that the government is still faithful to the notion of accountability and good governance. In our Malaysian context, it would demonstrate respect to the supremacy of our constitution.
Since the minister of law is from Kelantan, he should realise that when the then federal government declared an emergency in Kelantan in 1977, it never suspended the Parliament.
The then prime minister, namely the late Hussein Onn, also enacted a special law on emergency for Kelantan. Nevertheless, to his credit, he tabled the law in Parliament. Not only that. He even allowed it to be properly and rigously debated in the august House.
Whilst making his winding-up speech after the debate, the then prime minister, again to his credit, readily acknowleged this painful truth, that is, the emergency, by its very nature, was the antithesis of any democracy.
However, at that time, he told the Dewan Rakyat, the government had no other choice but to resort to such an unpopular measure due to the aggravating circumstances taking place in Kelantan.
At present, with the suspension of Parliament, we have seen a plethotra of ordinances being enacted outside Parliamet, meaning they went without any debate, thus there was no rigid process of check and balance!
Just a few days ago, the government legislated a new emergency ordinance on the National Trust Fund. The new law has desperately amended the existing section 6 of the act, giving the government the power "to use the money from the said fund for the purpose of procuring the vaccines and for disbursing any expenses incidental to such a procurement..."
The media reported that, as of end 2017, the fund, duly managed by Bank Negara, had RM16.9 billion in its assets.
When the prime minister was reported to have said that the government has less money now and with the enactment of a new law allowing the use of the trust fund, how on earth is the government going to justify the continuity of the emergency and the suspension of Parliament? - Mkini

MOHAMED HANIPA MAIDIN is the Sepang MP and a former deputy minister in the prime minister's department in charge of legal affairs.


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

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