Friday, July 30, 2021

An apology by Muhyiddin/Takiyuddin would have sufficed - BUT what happened and where is this going?

What is happening? The priority is public health and the well-being of Malaysians but alas sadly politics and power seems to have made even MPs to forget the priorities...

The issue now is not whether the Prime Minister enjoys the support of the majority or not - a motion of no confidence supported by the majority in Parliament on a day does not prove that PM has lost the support of the majority of the MPs, unless the number that voted for the said motion is more than 50% of the total number of MPs(whether in Parliament on the day of the vote or not).

The major concern now is the revocation of the Emergency Ordinances - personally, most of it must be revoked but some parts ought to have be retained. 

The government is using private facilities for vaccination and quarantine, by Emergency ordinances the government can use this facilities not at the usual rates - but at a reduced rate sufficient to cover basic costs. The government can utilize private hospital facilities at a certain rate - not the usual profitable rates. The ordinances to date fail to address the rates of payment when government uses these other private or state/local government facilities. Is PWTC not owned by UMNO - is the government paying PWTC high rates during this pandemic? If so, this is an abuse - government schools, halls and other facilities could be used at a much lesser cost to the people of Malaysia..


It all started when the de facto Law Minister stated in Parliament that the government had revoked all 6 Emergency Ordinances on 21/7/2021.

Today(29/7/2021), the King came out and said that he did not agree to the repeal of the said Emergency Ordinances.

Then the Prime Minister's Office came out stating that they had followed the law and had advised the King to revoke the said ordinances. King has no choice but to do as Cabinet says. Good - but it does not get revoked until the King does the needful...and the King has yet to do so. How long has the King to do what is needed - in normal times, he has 30 days, but the Constitution does not provide a shorter time frame for the King to do the needful...? 

Hence, all that the PM or Cabinet can really say is that they have advised the King to revoke ...full stop. The King has not revoked, and Parliament sat - hence the procedure for revocation changes - now it has to be tabled in Parliament...but, then no such motion was tabled in Parliament. NOTE different procedures apply based on whether Parliament is still sitting or not...

Well, for Emergency Ordinances to be amended or repealed during an Emergency, when Parliament is not sitting, it is possible.

An Emergency Ordinance can be amended, and even repealed but that can be done by an Emergency Ordinance. The PN-BN Plus government maybe wanted to do this before Parliament sat to prevent ????... There is NO Emergency Ordinance repealing all previous EOs, is there?

Yes, the King must act on the advice of the Cabinet - so the Cabinet should have prepared the Ordinance repealing all the 6 previous Emergency Ordinance and submitted it to the King for his assent...and, after the King assents to it, that Ordinance will be gazetted. All this can happen really fast.

Unlike normal Acts of Parliament, where the King's ability has been removed - there the King has no choice but to assent, and if he does not assent within thirty(30) days, it is deemed that the King has assented to it. 

Article 66 Federal Constitution

(4) The Yang di-Pertuan Agong shall within thirty days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto.

(4A) If a Bill is not assented to by the Yang di-Pertuan Agong within the time specified in Clause (4), it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented thereto.

The King has no longer power to refuse his assent to Bill passed by both Houses of Parliament - but the King has the power to delay it for 30 days. 

It is stated in 66(5) '(5) A Bill shall become law on being assented to by the Yang di- Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect.' 

Different when there is an Emergency and Parliament is not sitting

BUT when it comes to an Emergency and Emergency Ordinances, things are a bit different especially in this Malaysian Emergency, where Parliament was 'suspended' - not sitting - laws now could not pass Parliament 

In that situation, they are drafted by the Cabinet and send to the King for his royal assent. After the King assents, it becomes law - these are called Emergency Ordinances - not Acts of Parliament as it is called when there is no Emergency.

Article 150(2B) states, 'If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

This means that the King will make the law - but the King does not make law/ordinances as he pleases. He does not have that power in Malaysia. He makes these Emergency Ordinances as advised by the Cabinet.

So, Cabinet makes the Ordinances and sends it to the King to promulgate these Ordinances. 

Unlike normal Acts of Parliament, where the King has no choice but to agree(assent) - the most he can do is delay for 30 days, the question is whether when it comes to Emergency Ordinances, the King retains the power of REFUSAL - yes, the power to reject proposed Ordinances or not. How long can he delay giving his assent in the case of Emergency Ordinance is also doubtful. 

From the news reports, it is clear that the Cabinet may have asked him to promulgate or put the Ordinance into effect BUT it seems the KING refused or maybe just had not done so yet - that means that the Emergency Ordinance to REPEAL all them previous Emergency Ordinance is still not law - meaning that the de facto Law Minister(most probably acting on behalf of Cabinet has LIED).

So, all that the Cabinet needed to do was to APOLOGIZE...full stop. BUT sadly this did not happen, and the government of the day seems to insist that they did no wrong...and, they are still saying that the said Ordinances have been repealed.

GOOD NEWS - If the said Emergency Ordinances are repealed, then the maximum fine is back to RM1,000-00. So, if there are any violation of the regulations or SOP, no more will you be liable for a maximum fine of RM50,000 - and no more can they offer compounds of more than RM1,000...

Again, we still have not seen the Emergency Ordinance that repealed all the 6 previous Emergency Ordinances - it is doubtful that it exist????

And, now the Opposition is taking advantage of this situation and asking for a Motion of No Confidence against the Prime Minister - a bid to oust the Prime Minister???

What the Opposition should have done is to table a Motion that the Proclamation and all Emergency Ordinances be immediately be laid before the  both Houses of Parliament - as the King has just confirmed that he has not yet repealed the said Emergency has not yet been revoked. Parliament can then annul the Proclamation...OR repeal/amend the Ordinances.

150 (3) A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).

What happens if a Motion of No Confidence is tabled, and the majority present in Parliament says it has lost confidence in the Prime Minister - it will be shameful for the Prime Minister - but it would not be conclusive to remove a sitting Prime Minister unless it can proof that more than 50% of the MPs of Malaysia has lost confidence in Muhyiddin.. in other words, no use if the Motion is passed with 100 MPs voting in support - only would be effective if more than 50% of the MPs(present or absent from Parliament) says that they have lost confidence in Muhyiddin...

As it stands now, the PN-BN Plus MPs seem to still want the PN-BN Plus government to rule - but for maybe some other to replace Muhyiddin as the PM?

Will the PH Plus government come back into power - yes, if they can forward a PM candidate than can get the confidence of the majority...

But, that is the problem - PH may still want to name Anwar Ibrahim as the Prime Minister - but the sad reality is that they may not get enough Opposition or other MPs to support this. If PH Plus puts forward another candidate, then maybe there is a chance that PH Plus may come back into power..

The question amongst the Opposition now is whether the country and its people comes before personal aspiration???

Most likely, come Monday, the Motion of No Confidence may not be tabled in Parliament - it will be a propaganda issue for the Opposition.

What else could happen in the next few days? Muhyiddin may tender his resignation, and the PN-BN Plus government will name another as the next Prime Minister ...maybe, it will be an MP from UMNO? 

Govt didn’t get King’s consent to revoke ordinances, says Istana

facebook sharing button 7.7k
twitter sharing button 303
whatsapp sharing button 577
email sharing button 28
Istana Negara says the Yang di-Pertuan Agong did not give his consent to the revocation of the emergency ordinances.

PETALING JAYA: Putrajaya did not get the Yang di-Pertuan Agong’s consent to revoke the emergency ordinances when law minister Takiyuddin Hassan announced the revocation on Monday, Istana Negara said.

“The King stresses that the minister’s statement in Parliament on July 26 is inaccurate and misled the members of the Dewan Rakyat,” said Comptroller of the Royal Household Ahmad Fadil Shamsuddin in a statement today.

Fadil said Articles 150(2B) and 150(3) of the Federal Constitution clearly gave the authority for the enactment and revocation of ordinances to the King.

He said the King was aggrieved by Takiyuddin’s statement on Monday since he had yet to consent to the revocation.

What the King told Takiyuddin and Attorney-General Idrus Harun during a virtual audience, he said, was that the revocation of ordinances should be tabled and debated in Parliament.

Fadil said the King stressed that the government’s actions had also failed to respect the rule of law and went against the Agong’s functions and powers as the head of state, as enshrined in the constitution.

“The King believes that, as the head of state, it is compulsory for His Majesty to advise or reprimand any party whose actions are unconstitutional,” he said.

On Monday, Takiyuddin had told the Dewan Rakyat that all the emergency ordinances had been revoked as of July 21 because the government decided to cancel them under Article 153 of the Federal Constitution.

He had dismissed questions on the matter over the past few days in Parliament – with many asking if the King had given his consent. Takiyuddin said he would address them all next Monday.

Lawyer Bastian Pius Vendargon had said the Cabinet could not unilaterally revoke the ordinances, with gazette notification an important part of legal procedure.

“If the King has not come into play in this instance and there is no gazettement, then the ordinances can’t have been revoked,” he told FMT. - FMT, 29/7/2021


PMO maintains PM, law minister adhered to Constitution in announcing revocation of Emergency Ordinances

Prime Minister Tan Sri Muhyiddin Yassin and Law Minister Datuk Seri Takiyuddin Hassan are pictured at Parliament, Kuala Lumpur July 27, 2021. — Bernama pic
Prime Minister Tan Sri Muhyiddin Yassin and Law Minister Datuk Seri Takiyuddin Hassan are pictured at Parliament, Kuala Lumpur July 27, 2021. — Bernama pic

Follow us on Instagram and subscribe to our Telegram channel for the latest updates.

KUALA LUMPUR, July 29 — The Prime Minister’s Office (PMO) today maintained that Prime Minister Tan Sri Muhyiddin Yassin and de facto law minister Datuk Seri Takiyuddin Hassan had observed and followed all the due processes under the Federal Constitution when announcing the revocation of the Emergency Ordinances (EOs) on Monday.

In a statement today, it said Muhyiddin had written a letter to the Agong on July 23 advising the ruler to revoke the EOs, and again in an audience on July 27.



The government is of the view that all these actions taken are orderly and in accordance with the provisions of the law and the Federal Constitution,” the statement read.

It pointed to Articles 40(1) and 40(1A) of the Constitution stating that the Agong, while exercising his constitutional functions or functions under federal law, is to accept and act in accordance with the Cabinet’s advice or the advice of a minister acting under the general authority of Cabinet, except otherwise provided by the Federal Constitution.

The PMO said that on July 24, the King had summoned Takiyuddin and Attorney General Tan Sri Idrus Harun to provide a detailed explanation with regards to the Cabinet’s advice, adding that on July 26, all of the EOs were laid in the Dewan Rakyat, in line with Article 150(3) of the Federal Constitution.

It also suggested that the confusion came after Opposition MPs urged for the Dewan Rakyat annul the EOs.

“Subsequently, Minister in the Prime Minister’s Department (Parliament and Law) as the minister responsible for legal affairs, informed the Members of the House of Representatives that the government, namely the Cabinet, had decided to repeal the Emergency Ordinances.

“This is a statement of fact that aims to inform the Dewan Rakyat of the actual situation in a transparent manner,” it said.

Earlier today, the King expressed his deep disappointment at Takiyuddin’s assertion in Parliament that the EOs have been revoked despite him not giving his assent yet.

Istana Negara’s statement resulted in an uproar inside the Dewan Rakyat earlier today leading to a long break, with the sitting ultimately cut short following announcement that two more of those in the hall were positive with Covid-19. - Malay Mail, 29/7/2021




No comments: