Lawyer: Call for emergency not dictatorial

By Farah Solhi - January 20, 2021 @ 9:30am

KUALA LUMPUR: The government's recent imposition of a state of emergency was neither dictatorial nor a form of political camouflage. Lawyer, Datuk Salehuddin Saidin said the measure was to save Malaysia's healthcare system from collapsing due to the country's dire situation amid the Covid-19 pandemic.

"People will keep questioning whether the proclamation of an emergency was a political move. However, there are no grounds for the (government) to really pursue this based on that reason.

"The declaration for a state of emergency can only be granted by the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, as allowed provided by Article 150 of the Constitution.

"In what sense are we under dictatorship governance, when it was not the prime minister's call to declare an emergency? The prime minister advised the Yang di-Pertuan Agong on the right course of action to beef up measures in handling the pandemic situation," Salehuddin told the New Straits Times.

He said the second round of the Movement Control Order (MCO) and state of emergency can co-exist the country needs stricter enforcement to ensure everyone adheres to the standard operating procedures (SOP).

"Our country's healthcare system was on the brink of collapsing. It would have collapsed if there was no interference by the government."

Salehuddin said the state of emergency and MCO 2.0 were vital as Malaysians had been slacking off when it came to observing Covid-19 SOP in recent months.

He said many people were taking things lightly by going out unnecessarily and going to their workplace without adhering to SOP even when they knew most Covid-19 cases have been traced to workplaces.

He said a state of emergency would facilitate stricter enforcement of Covid-19 SOPs, and eventually control further spread of infection.

"These recent measures will also ensure that there is cooperation among the private and public healthcare sectors.

"This is not in any way a form of political camouflage because the period of emergency will last for eight months, and will be revoked earlier if the situation improves.

"Furthermore, the prime minister has assured the people that all judiciary matters will not be interfered with during this period.

"In that sense, the public should rest assured that the Proclamation of Emergency is a measure put in place to handle a national health crisis, especially since it has gotten to the point where the economic life of the people is in jeopardy."

Salehuddin said the emergency period was also an opportune time for the government to impose online voting measures in the event that there will be a general election held after the state of emergency is lifted.

He urged the government to utilise this current period to introduce proper online voting laws and a system, as this was important to prevent the spread of Covid-19 in the case of snap polls.

"Can't these politicians learn from what happened during the Sabah election in October?

"The number of Covid-19 cases spiked after that state election and those huge Covid-19 numbers continue till now.

"Personally, I don't agree for any election to be done at this time. In fact, I will object if the government decides to hold an election.

"But if an election does occur, the government must use this eight-month period in the emergency to contain the virus and flatten the curve.

"If the government chooses to revoke the emergency proclamation earlier and go for snap polls, then it must start preparing to have an online voting system in place."

Salehuddin said a law which allows for online methods of voting must be put in place, and this must be done with the corresponding amendments made in certain laws.

He added that such new laws must go hand-in-hand with a shorter campaign period.

"We must also consider virtual campaigning to reduce the risk of Covid-19 transmissions."