Most important for all State Governments to do is the amendment/ creation of laws that will allow the State Legislative Assemblies to be able to sit and function ONLINE -The requirement for mandatory Physical sittings must be amended fast - so that online/virtual sittings/operations are legalized and made possible. Hence, the FIRST thing to be done is the tabling of the needed Bill to amend State Constitutions/Enactments or create needed laws. Unlike Parliament, for States it is easier as there is just ONE house - once passed, after getting the assent of the State Ruler, it becomes law. [In Parliament, it gets the approval of Dewan Rakyat, then the Senate, then the King before it becomes law]. In just a few days, this can happen.
This State law to allow non-physically present functioning of the State Legislative body is CRUCIAL, as Covid-19 can at anytime cause adjournments, and the passing of such priority laws could be done in ONE(1) day - Getting the Ruler's consent and gazetting could be expedited - and thereafter, these Legislative Bodies can function normally Covid or no Covid. Will the State Cabinets/Government do this, or will it simply follow what the Federal Cabinet did?
Another important question is the LEGALITY of the upcoming sittings of these State Legislative Assemblies. Remember after EMERGENCY was proclaimed, Emergency (Essential Powers) Ordinance 2021, vide section 15 ousted the power of State Rulers, and gave that power to the King. This means that ONLY the King can summon the State Legislative Assemblies to sit...not the State Rulers.
15 Sitting of State Legislative Assembly - EMERGENCY (ESSENTIAL POWERS) ORDINANCE 2021
(1) For so long as the emergency is in force—
(a) the provisions relating to the summoning, proroguing and dissolution of a State Legislative Assembly in the Eighth Schedule to the Federal Constitution, Constitution of any State and any State law shall not have effect; and
(b) a State Legislative Assembly shall be summoned, prorogued and dissolved on a date as the Yang di-Pertuan Agong thinks appropriate after consultation with the respective Ruler or the Yang di-Pertua Negeri.
(2) Any meeting of a State Legislative Assembly which has been summoned before the coming into operation of this Ordinance but has not been held is cancelled.
Good
thing about this section, is that it is effective only for so long as
the Emergency is in force, after that the power to SUMMON State
Legislative Assembly returns to the State Rulers( of course acting on
the advice of the State MB/Cabinet). I have previously suggested that we need law amendments to preserve the powers and sovereignty of State Rulers and government - especially when it comes to the Legislative arm of government.
So, the question is whether the State Legislative Assembly sittings were summoned by the State Rulers after this Emergency ended on 1/8/2020? If not, was it summoned by the King while we were under Emergency, an if so, where exactly is that needed INSTRUMENT of Summoning? Is a consent by the KING sufficient as the Ordinance talks about 'summoning...'
Now, as an example, Penang and Selangor apparently sought the King's consent when we were under Emergency - but the question is whether a 'consent' is enough - should it not have been a summoning for the State Legislative Assembly to sit? During that Emergency, what role of the Sultans or Rulers of States?
What about the other States - did the King summon the sitting of State Assemblies? Did these States even ask? After 1/8/2021, when Emergency ended, then it is sufficient that State Rulers/Sultans summon the sitting of their respective State Assemblies..
Now, the Johor Sultan was reported that he may 'dissolve the state legislature'. If that State Constitution is akin the Federal Constitution, then the power lies with the Menteri Besar/State Cabinet - not the Sultan. The Sultan will have that POWER if the Menteri Besar tenders his resignation, then like the King, he may have the power to dissolve State Legislative Assemble and call for a State Elections, OR simply appoint a new MB who he believes has the confidence of the majority of the State Legislative Assembly Persons(DUNs).
While we focused maybe too much on MPs and Parliament - let us now see how the various States perform, noting also that many of these States are still governed by the Opposition Parties/ governments? Will they 'shame' the Federal government by putting in place needed laws to allow State Legislative Assemblies to function legally online/virtually when physical attendance is made impossible or difficult like now because of the Covid-19 pandemic. Or will it just be same as what recently happened in Parliament?Johor Sultan Ibrahim Iskandar said on Thursday (Aug 12) that he will not hesitate to dissolve the state legislature if assemblymen continued to engage in "political games" and struggle for power.
REMEMBER, in my opinion restricting the RIGHT of attendance of ALL MPs(or DUNs) is a violation of Malaysian peoples' democratic rights. We saw that if an MP was in Parliament, he/she could speak, intervene and contribute to the proceedings - but what about those not allowed to be present because of LIMITS placed on the number who can be in the Hall? Our MPs represent us, the people, - NOT their political parties in Parliament.
See many earlier relevant posts - including:-
Is the ousting of State Rulers/Government's powers in the current Emergency Proclamation and Ordinance right?
Sarawak Emergency raises questions - State Sovereignity, Extension of life of DUNs, Election laws and government failures.
Parliament - Laws so Parliament can function virtually - not HYBRID? UMRAH? Hagia Sophia? Different Quarantine Requirements?
Health should come under jurisdiction of both Federal Government and State Government? Constitutional Amendment needed...FMT Report(7/8/2021)
Penang to seek King's consent to convene state assembly sitting
GEORGE TOWN: The Penang government, through the Yang di-Pertua Negeri, will seek the consent of the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah to convene the state legislative assembly sitting as soon as possible.
Chief Minister Chow Kon Yeow said the state would use provisions under the Emergency Ordinance 2021 to submit a humble request to the King.
He said the state would adopt measures and procedures applied during the state legislative assembly sitting in October last year, which had proven to be successful in controlling the spread of the Covid-19.
"Based on the state's stand on the matter, I will seek approval from
the Yang di-Pertua Negeri to write to the King on the state's intention
(to convene the state legislative assembly sitting immediately).
"We hope the King will consider our humble request," he said today.
In whatever situation, Chow said, the Penang government or even the state legislative assembly, would not take any risks and shirk its responsibility in controlling the spread of Covid-19.
"We will seek the advice from the state Health Department and the National Security Council (NSC), especially if the spread of the Covid-19 is still high in the state or the implementation of the movement restrictions is still needed," he added.
Chow also extended the state's wishes to the King on the need to hold Parliament session as soon as possible.
In this regard, he said it was the state's stand that the same need arose for the state legislative assembly to convene as the Emergency Ordinance and the National Recovery Plan also impacted the running of the state government machinery.
"This is because both Parliament and the state legislative assembly are important platforms to debate various issues, especially those related to the prevention and control of the Covid-19 pandemic as well as matters involving the allocation of expenditure to revive the country's economy," he said.
It was reported yesterday that the King was of the view that Parliament should sit as soon as possible.
In a statement issued, Comptroller of the Royal Household of Istana Negara, Datuk Ahmad Fadil Shamsuddin had said that the King expressed the opinion after listening to the views of various parties.
"After weighing all views by political leaders, the Special Independent Committee on Emergency 2021 as well as experts and members of government agencies, His Majesty has expressed the opinion that the Parliament sitting must be held as soon as possible.
"This is to enable the Emergency Ordinances and the National Recovery Plan to be debated by the members of Dewan Rakyat," he was quoted as saying.
According to Ahmad Fadil, the King had also expressed hope for the daily number of Covid-19 infections to be reduced soon, adding that the vaccination process was the "exit strategy" to curb the chain of infection in the country.- NST, 17/6/2021
King consents to Penang state assembly sitting
GEORGE TOWN: The Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah has consented to Penang holding its state legislative assembly sitting after the Emergency Ordinance is lifted on Aug 1.
This follows an application by the Yang di-Pertua Negeri Tun Ahmad Fuzi Abdul Razak to the King.
Chief Minister Chow Kon Yeow said, following the latest development, the state executive council has proposed for the coming state legislative assembly sitting to be held on Sept 1.
"The Yang di-Pertuan Agong, in a letter dated yesterday, has consented to the Yang di-Pertua Negeri's application for the state legislative assembly sitting to be held after the Emergency Proclamation is lifted on Aug 1.
"The Penang government and all the elected representatives expresses our heartfelt thanks to the Yang di-Pertua Negeri for holding talks with the Yang di-Pertuan Agong and obtaining approval for the state legislative assembly sitting," he said today.
Chow said the Penang government will seek advice from the National Security Council (NSC) and the state Health Department on the Covid-19 standard operating procedures (SOP) to be implemented throughout the assembly sitting.
It was previously reported that the Penang government, through the Yang di-Pertua Negeri, would seek the consent of the Yang di-Pertuan Agong to convene the state legislative assembly sitting as soon as possible.
Chow had said the state would use provisions under the Emergency Ordinance 2021 to submit its request to the King.
He had also said the state would adopt measures and procedures
applied during the state legislative assembly sitting in October last
year, which had proven to be successful in controlling the spread of the
Covid-19. - NST, 8/7/2021
Agong consents to Selangor state assembly sitting — Amiruddin
SHAH ALAM (July 9): Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah has given his consent to the reconvening of the Selangor State Legislative Assembly for eight days from Aug 23.
Menteri Besar Datuk Seri Amirudin Shari, in a statement today, said the permission for the state assembly to reconvene was granted by Al-Sultan Abdullah, through a letter dated July 6 (Tuesday).
Amirudin said the Sultan of Selangor, Sultan Sharafuddin Idris Shah, had also given his consent for the purpose of the first meeting of the 14th Selangor State Legislative Assembly, 2021.
“The Sultan of Selangor has agreed to grace the opening ceremony of the Selangor Darul Ehsan State Assembly on Monday, Aug 23.
He said the Selangor government would like to express its deepest gratitude to His Majesty Sultan Abdullah and His Royal Highness Sultan Sharafuddin, who are always concerned about the freedom of democratic practice in the state.
Amirudin said that once officiated, the state assembly would then sit for nine days, namely Aug 24 to 27; Aug 30; Sept 1-3 and Sept 6.
He added that the assembly sitting would be held in accordance with the regular format, with question and answer sessions and debates and not just a special session.
“This state assembly sitting will be conducted in compliance with the standard operating procedures and focused on all state government efforts to curb the spread of Covid-19, as well as feedback and suggestions from state assemblymen in accordance with the role of the legislature as a check and balance system to the executive.
“This is also in line with the aspirations of the people so that
every decision of the Selangor government is made responsibly and
prudently and at the same time enhance efforts to face the Covid-19
pandemic in the state,” he said. - Edge Markets, 9/7/2021
Selangor Sultan gives consent for state assembly to convene Aug 23
SHAH ALAM: The Sultan of Selangor, Sultan Sharafuddin Idris Shah has given consent for the Selangor State Legislative Assembly to convene on Aug 23.
Speaker Ng Suee Lim said Sultan Sharafuddin had also agreed to officiate the opening of the meeting on that date.
"I have sent a letter to Sultan Sharafuddin on June 23, suggesting for the opening on Aug 23.
"This matter followed the discussion with Menteri Besar Datuk Seri Amirudin Shari," he said when contacted today.
Ng said the first meeting of the 14th Selangor State Legislative Assembly would be held from Aug 23 to Sept 3.
"During the opening, Sultan Sharafuddin will deliver a royal address, which later will be debated by the assemblymen on the second day of the meeting," he said.
Ng, however, said it all depends on the outcome of the Emergency Ordinance, currently scheduled to end on Aug 1.
On June 18, Ng issued a statement that the state government planned to open the state assembly in August.
He said several dates were selected for the opening of the meeting to be presented to Sultan Sharafuddin.- NST, 25/6/2021
I will not hesitate to dissolve state assembly, says Johor sultan as he warns against 'political games'
Johor ruler Sultan Ibrahim Iskandar speaking at the Johor state assembly on Thursday (Aug 12). (Photo: Facebook/Sultan Ibrahim Sultan Iskandar)
JOHOR BAHRU: Johor Sultan Ibrahim Iskandar said on Thursday (Aug 12) that he will not hesitate to dissolve the state legislature if assemblymen continued to engage in "political games" and struggle for power.
In a statement published on his Facebook page after he spoke at the opening of the state assembly, the sultan said: "I will not entertain any political games by assemblymen and risk destabilising my state and government. If that occurs, then I will not hesitate to dissolve the state assembly."
“We don’t need politicians to represent the people if all they think about is themselves and not the interests and welfare of the people,” he added.
Thursday marked the first sitting of the state legislature since Malaysia imposed a state of emergency back in January.
He also stressed that assemblymen should use the current session to chart a plan to help the people and rebuild Johor's economy amid the COVID-19 pandemic.
“There is no need to bring up unnecessary motions to the House. Don’t be selfish. The people are suffering, going hungry, losing their jobs and some are even fighting for their lives because of COVID-19," said the sultan.
"This is an august House, not a cage for monkeys. Remember my advice, Mr Speaker. Do your job well," he was reported as saying by Bernama in his opening speech.
Malaysia's King Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah first declared a state of emergency on Jan 12 to curb the spread of COVID-19. The emergency ended on Aug 1.
Since it was declared, state legislative assemblies have not sat.
The Johor ruler's speech came amid signs of political tension at the federal level. On Wednesday, local media reported that the king has asked Prime Minister Muhyiddin Yassin to bring forward a parliamentary vote of confidence currently scheduled for early September.
This comes amid pressure from Mr Muhyiddin's political opponents for him to resign on the basis that he has purportedly lost support from the majority of Members of Parliament (MPs) in the Dewan Rakyat.
In Johor, Kempas state assemblyman Osman Sapian has reportedly called for chief minister Hasni Mohamad to state whether he supports Mr Muhyiddin's federal leadership. The chief minister is from the United Malays National Organisation, where some federal MPs have withdrawn their support for the prime minister.
Among those present during Thursday's Johor state assembly sitting was Mr Muhyiddin, who is also the state assemblyman for Gambir.
In June, Sultan Ibrahim gave consent for the state assembly to reconvene on Aug 12 for politicians to come up with an action plan to help people affected by the COVID-19 pandemic and a recovery plan for Johor's economy.
Johor is still grappling with a high COVID-19 caseload. On Wednesday, it reported a record 1,693 cases, the third-highest area behind Selangor (6,921) and Kuala Lumpur (2,065).
Johor is among the states under phase 1 of the National Recovery Plan. As of Thursday, just 16.8 per cent of the southern state's population have received both doses of COVID-19 vaccines.
The state assembly sitting has been adjourned until Aug 22 so that a COVID-19 risk assessment can be carried out. - CNA, 12/8/2021
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