Tuesday, August 03, 2021

Malaysian Labour Activist victim of Covid - A great loss to the Workers and Trade Union movement?

Badrulzaman Mohd Ghazali was a good man and a friend. He was a unionist that worked towards reform of the labour movement in Malaysia - wanting to build a stronger and united trade union in Malaysia.

 

Sadly, the Malaysian Trade Union and workers movement is weak, and there is a lot to be done to strengthen this movement - to truly fight for the promotion and defence of worker rights.

There are but a few like him, that struggled to also get often separated Malaysian Trade Unions to come together, learning from each other and struggling together. One initiative was to try to bring members of trade unions together, to break the isolation, and towards a unified workers movement irrespective of occupation, trade, sectors or industry.

Besides having training sessions, one activity that was done was having a bowling session, where different teams were made up of members of different trade unions thus building camaraderie between workers. 

He was also active in supporting workers struggle, including the struggle of trade union not his own. It is indeed a rarity in Malaysia where many unionist and members simply interact and relate to just their own members and own union. Hence, the ability to learn from each other, and the practice of supporting other unions in their struggles is lost. 

Divide and Rule weakens not just countries, but also the workers movement in the country.

 
We will Miss him, and Deepest condolences to his family, comrades, workers in Malaysia and all of us
 
One media statement, as an example, where Badrulzaman Mohd Ghazali was one of several persons who stepped forward and issued on behalf of 87 groups is below.
 

 See also:-  

87 Groups :- RENESAS MUST IMMEDIATELY ACCORD RECOGNITION TO THE UNION AND REINSTATE WAN NOORULAZHAR

87 Kumpulan :-RENESAS HARUS SEGERA MENGIKTIRAF UNION DAN MENGEMBALIKAN PEKERJAAN WAN NOORULAZHAR

 

Labour movement’s man behind the scenes dies from Covid-19


Badrulzaman Mohd Ghazali posing with placards pushing for labour law reforms. (Muhammad Zulfadlee Thye pic)

PETALING JAYA: Unionists are mourning the loss of a key figure among their ranks with the death of Badrulzaman Mohd Ghazali from Covid-19 this afternoon.

Badrulzaman, 49, died at 1pm today. He had been admitted to hospital on Friday after difficulty in breathing.

Known for his humble and down-to-earth attitude, the friendly Tanjung Karang native was a long-standing member of the labour movement, in which he played an influential role in fighting for workers’ rights and pushing for labour law reforms.

Badrulzaman was an industrial relations officer at the National Union of Transport Equipment & Allied Industries Workers, and had been an aircraft technician for 16 years.



Muhammad Zulfadlee Thye, who knew Badrulzaman for more than 20 years, said the latter was always ready to lend a hand to whoever needed it.

“He didn’t choose who to help. He was someone who would help anyone,” said Zulfadlee. “Even if you called him in the middle of the night to say some workers were having problems, he’d be there,” added Zulfadlee, an industrial relations practitioner with the Malaysian Trades Union Congress.

Badrulzaman Mohd Ghazali (third from right) at a rally in Jakarta in 2018. (Badrulzaman Mohd Ghazali Facebook pic)

MTUC deputy president Mohd Effendy Abdul Ghani described Badrulzaman as “the man behind the scenes” and a strong supporter of the labour movement.

“He was very valuable to us. He always had his own opinions and stood firm on his decisions,” he said, adding that they both joined the labour movement at the same time 20 years ago. “This is a big loss for the labour union movement in the country.”

North-South Initiative executive director Adrian Pereira remembered Badrulzaman as someone who was always willing to go the extra mile to assist anyone.

Badrulzaman had previously served as the MTUC-International Labour Organisation’s migrant resource centre officer in the Klang Valley. He was one of the few unionists who had his finger on the pulse when it came to migrant labour issues.

A notice of his death which was posted on social media platforms earlier today.

“His perspective and world view was that he didn’t discriminate,” said Pereira. “He inspired me because whenever we needed help for migrant worker training or meetings, he would always be there.”

National Union of Flight Attendants Malaysia president Ismail Nasaruddin recalled the numerous trips he took with Badrulzaman to Putrajaya, where they would voice their concerns about unresolved worker issues to the nation’s leaders.

“He was someone who was always speaking out strongly about such issues,” said Ismail. “That had always been his thing – to speak up and get justice for workers.”

Badrulzaman leaves a wife and three children. He will be buried at the Taman Selasih Muslim cemetery in Gombak tomorrow. - FMT, 2/8/2021


 







Sunday, August 01, 2021

Hundreds in Malaysia bravely exercise their right of peaceful assembly - and please respond to issues raised, and NOT go after these HR Defenders?

MANY CHOSE TO STAY INDIFFERENT OR SILENT IN THE FACE OF INJUSTICE, BUT THANKFULLY THERE ARE SOME WOULD NOT - AND WILL SPEAK UP OR ACT IN UPHOLDING THE CAUSE OF JUSTICE WITHOUT FEAR OR FAVOUR...

Despite the risks and hurdles, first we had the Doctors come out and protest, and today another PROTEST - not an offence but an exercise of one fundamental human right - the right to peaceful assembly, freedom of expression...

When Opposition MPs speak up, many in government turn around that all done with a political motive... so, what do you to say when the people turn up themselves and speak up?????

The right and the ability of the people themself to come out and tell the government their views, opinions and demands is still VERY DIFFICULT in Malaysia, thanks also to some of those draconian laws that the previous PH Plus government promised to get rid off if elected but still remains law in Malaysia today by reason of 'procrastination', unkept promises, or .... Would you vote for BERSATU, PKR, DAP, Amanah or Warisan again because they promise to get rid of the many bad laws that exist?

We still have the draconian Peaceful Assembly Act that does not make it easy for people to exercise this right, but makes it even more difficult. That Act created all kinds of new offences, and this RIGHT can be exercised ONLY if the Police gives permission....? Before that Act, there were none of the other offences - just one - participation/organization of an illegal assembly  

In any event, this Saturday(30/7/2021), it is said about 2,000 persons came out despite the added restrictions of SOPs, etc - despite the fact that some leaders were even investigated/arrested before the event...

Will the government and also the them other 'wakil rakyat's listen to voices of the people...or will they simply not listen and respond to the grievances and issues raised. It would have been good if PM Muhyiddin would come out with a Statement responding to the various points raised by those who bravely exercised their Human Rights..

Hoping too much - well, we all saw or know what happened in Parliament. Rather than electing to provide an answer, avoidance was the preferred option.

Government should speedily respond to questions and issues raised at all times - but when the government is slow to respond or clarify, then the belief or the perception generated is that what is raised is TRUE - Our government now and in the future must really reform in terms of how it practices transparency and accountability in a democracy...

 


 

 

Hundreds of #Lawan protesters in KL demand PM's resignation

Alyaa Alhadjri, Vivian Yap & Yasmin Ramlan

Published
Modified 4:00 pm
176

Hundreds of protesters dressed in black marched to Dataran Merdeka in Kuala Lumpur this morning to demand the resignation of Prime Minister Muhyiddin Yassin.

Organisers Sekretariat Solidariti Rakyat (SSR) cited a crowd estimated of around 2,000 people while the police capped the number at 400.

Many brought banners and placards that read "Kerajaan Gagal" (failed government) while others were carrying black flags.

The crowd of mostly youths started gathering at around 10.30am and started moving nearly an hour later, under close observation by the Kuala Lumpur police.

Upon reaching the Kuala Lumpur City Hall intersection, organisers ordered the crowd to sit on the road.

SSR spokesperson Mohd Asraf Sarafi led the group in a series of chants and protest songs, with some in the crowd noting it has been a long time since they felt this fired up.

As he stood by the junction, Asraf announced that the gathered youths are at an important juncture in history.

"We the youths are at an intersection where we are faced with a decision to make.

"When we see destruction, do we remain silent or do we fight?" he said to cries of "lawan!" (fight) from the seated crowd.

SSR spokesperson Mohd Asraf Sarafi

Others from the organising committee included Muda co-founder Amir Abdul Hadi, Undi-18 co-founder Qyira Yusri, and Suaram coordinator Muhammad Abdullah Al Syatry.

The protesters largely accused the government of mismanaging the Covid-19 pandemic.

Some also displayed mock corpses wrapped in shrouds to symbolise the mounting Covid-19 deaths in the country.

At one corner, a group of eight held individual signs spelling out M-A-T-I (death) and 8-8-5-9 - the latest Covid-19 death toll - a reminder of the impact of the government's alleged incompetence to manage the pandemic.

Several protesters met by Malaysiakini said they saw the protest as a final hope for change.

Wan* said he was left jobless since last year.

"This protest is my lifeline. It would be more difficult without a change.

"I also have friends who were infected with Covid-19," he told Malaysiakini.

"I hope the government can hear the people's voices as there are those who want to see a change in government.

"This is our way to express ourselves," he said.

Liyana Madihah Zakaria, 32, said she came with her husband to show that the people are tired of the current situation.

Liyana Madihah Zakaria

"There is no more democracy, so we will fight!

"In times of the pandemic, there are people who said don't go, it's dangerous, but everyone has their limits," she said.

The youthful crowd was joined by some notable figures including PKR vice president Tian Chua.

In solidarity with the organisers, Tian Chua said the peaceful protest was evidence that people can gather to express their rights if facilitated by the authorities.

"I hope this will inspire more people not only to rise but to speak up against injustices," he said.

The rally also saw several teams of observers including from the Bar Council, National Human Rights Commission (Suhakam), and several organisations in support of freedom of expression.

Police earlier cordoned off multiple roads into Dataran Merdeka but did not stop people from walking towards the location.

The blocked roads included Jalan Tuanku Abdul Rahman, Jalan Sultan Hishamuddin, and an intersection from Jalan Kinabalu to Jalan Sultan Hishammuddin.

The square itself was barricaded to prevent anyone from entering.

There was also heavy police presence with personnel constantly reminding participants to observe physical distancing.

Organisers also advised participants to abide by standard operating procedures against Covid-19 including taking their body temperature and masking up.

Police issued a call to disperse at 12.35pm, after allowing one final sit-down protest to go on for about 30 minutes, with protestors spanning the distance from the KL City Hall building towards Masjid Jamek LRT station where the march started.

Dang Wangi district police chief Zainal Abdullah

The organisers followed dispersal orders issued by the authorities and similarly called for protestors to leave peacefully.

The areas around Dataran Merdeka were fully vacated at around 1pm.

At a press conference later, Dang Wangi district police chief Zainal Abdullah said actions will be taken as although the rally went on without any problems, it remains a violation of the current movement control order rules. - Malaysiakini, 30/7/2021

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Press Release from BERSIH 2.0 (30 July 2021): Sarah Released: Stop Intimidating Our Youths

 

The Coalition for Clean and Fair Elections (Bersih 2.0) is extremely concerned that the Perikatan Nasional (PN) government and the Malaysian police (PDRM) is resorting to their failed tactics of harassing and intimidating citizens who are expressing their extreme disappointment with the failure of the PN government over the handling of the pandemic and the economy. Such intimidations has served to strengthen the resolve of not only those targeted but also fair-minded Malaysians outraged by such bully tactics.

 

The PDRM has arrested 20 year-old Sarah Irdina, founder of Misi Solidariti yesterday under the Sedition Act for a tweet she posted on 1 July, calling people to support the #Lawan protest by displaying a black flag if they agree with their demands for the PM to resign, the reconvening of Parliament, and the ending of the Emergency. She was held at the Jinjang Detention Centre (KL) but has been released early this morning.

 

Earlier, three young activists were also called in for questioning at IPD Dang Wangi over the upcoming #Lawan protest on Saturday, 31 July at Dataran Merdeka. The trio are Tharma Pillai, Afiq Adib, and Muhammad Alshatri. They were not detained after their statements were taken.

 

Bersih 2.0 calls on all Malaysians to stand in solidarity with these young people who are exercising their constitutional rights to express and assemble peacefully. They are staking their claim in this country and their voices and aspirations should be heard.

 

For those who are in Kuala Lumpur and want to support the #Lawan peaceful protest, it will be on 31 July at 11:00 AM this coming Saturday at Dataran Merdeka. Please ensure that you are properly masked, observe social distancing and follow the instructions of the organiser.

 

If you are unable to participate in-person in KL, you may show your solidarity by wearing black or putting up a black flag on Saturday.

 

Meanwhile, we urge the PDRM to immediately release Sarah Irdina from detention and not treat our patriotic youths like criminals. The PDRM should carry out their duties in ensuring that the protest on Saturday is carried out smoothly and safely.

 

Statement issued by:

The Steering Committee of BERSIH 2.0

BERSIH 2.0 Secretariat
A-2-8, 8 Avenue Business Centre,
Jalan Sungai Jernih 8/1,
46050 Petaling Jaya, Selangor, Malaysia.
Tel. No. : +603-76280371
 
 

Cops must allow peaceful assemblies, says Suhakam

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Suhakam says the government has accepted all recommendations to revise the Peaceful Assembly Act.

PETALING JAYA: Suhakam has reminded police that they have an “obligation” to protect freedom of expression and allow peaceful assemblies.

It said while it understands the complexity in balancing public health, in view of surging Covid-19 cases, and the right to gather peacefully, it was concerned over the arrest of an activist under the Sedition Act as well as action against organisers of a rally planned for tomorrow.

“Suhakam advises the authorities, in particular the police, that they have an obligation both legally and morally to facilitate peaceful assemblies and to protect freedom of expression,” it said in a statement today.

Putrajaya, it added, had previously accepted all recommendations to revise the Peaceful Assembly Act to eliminate discrimination and hindrance to a peaceful gathering.

The authorities should allocate adequate space to enable social distancing and health screening of the participants to be conducted safely, Suhakam said.

While organisers should observe and strictly comply with SOPs at all times, those who have Covid-19 symptoms or comorbidities should not take part in the gathering, it added.

“Suhakam hopes that all parties, including the police and the organisers, are able to collaborate in order to achieve a win-win solution.”

Yesterday, activist Sarah Irdina Mohamad Ariff was arrested while giving her statement at the Dang Wangi police station.

According to the rally’s organiser Sekretariat Solidariti Rakyat, police also confiscated her phone and issued a search warrant to raid her home.

She was released at 1am today.

Earlier, three young activists — Tharma Pillai, Afiq Adib, and Muhammad Alshatri — were called in for police questioning over tomorrow’s #Lawan protest at Dataran Merdeka. - FMT, 30/7/2021

Saturday, July 31, 2021

EMERGENCY may need to be continued (or re-proclaimed later) as the PN-BN Plus failed in many aspects?..Emergency Ordinance live on for 6 month after Emergency ends unless...

When an EMERGENCY is proclaimed, then the government has the capacity vide Emergency Ordinances to make speedy changes of the existing law that is required to deal with such a public health emergency. In fact, the PN-BN Plus government could have already made the needed amendments since March 2020, when the Covid-19 Pandemic started but sadly, they failed to do so....

Some examples of law changes needed:-

1 - Parliament Sitting and Functioning - laws should have been put in place that allowed for the continued safe operation of Parliament, including its various different committees ONLINE without requiring actual physical presence in the Parliament building.  

2 - Elections and By-Elections - As it is the law, stipulates within how many days elections must be held. There is NO provision in law that empowers the Election Commission or anyone to delay the date of elections. Law amendments needed to empower the delaying of Elections by reason of pandemics/health emergencies, natural disasters, etc. The PN-BN Plus government could have tabled the needed amendments since 2020 before the Emergency Declared, and even tabled needed law amendments now in this Parliamentary sitting but they failed to date. Hence, the Emergency Ordinances still have to be relied on. Election laws also may need to be amended to allow voting over several days, allow voters out of constituency in Malaysia to vote where they are without having to come back to to their constituencies to vote, increasing campaign periods to not less than 30 days - longer period needed for postal ballot to reach voters overseas,etc and for them to post back their votes. During this pandemic, postal services are disrupted. I have not even received letters that the Court allegedly send me several weeks ago. Of court, the Election Commission ought to be given power of investigation and prosecution of election offences...

3 - Government need to acquire or use of resources, venues and staff of the private sector(plus State/Local Government) to combat the pandemic. This law would stipulate also the rate the private owner will be paid for the use of their venue, for example. That rate must be not the usual rates during this Emergency - but minimal rate just to cover cost. Now privately owned venues are being used for vaccinations - but how much are the private owners being paid. PWTC is being used, if not mistaken, it is owned by UMNO, - so how much are they being paid. How much is the Federal Government responsible for health paying not just private owners, but also State and/or Local Government for the use of these premises. The government could have used schools and government facilities for FREE. Sadly, the Emergency Ordinances seem to have failed to state the rate of payment - so, this government may end up paying usual rates to these private facilities - a waste of monies. Here again, we may need a law to deal with this - not simply the ability to use resources but also the minimal rates of payment or whether FREE. 

4.    MORATORIUM OF LOAN PAYMENTS - is there any law that allows for this? Remember, the consumer is bound by CONTRACTS and unless the government by law varies the contract, there will be future problem. Contracts cannot be varied by policy or request - it needs a law. When the moratorium ends, will we have to pay LUMP SUM all payments delayed by moratorium? Was the delay caused interest to continue to be charged? Will after the Moratorium, the rate of monthly payment be increased? Remember, most families simply may not have the extra cash to pay a higher amount of their monthly loan obligations. Again, this problem could have been properly dealt with by Emergency Ordinance or laws now to deal with this problem. 

5.   Workers - the law need to be amended to provide for maybe 14 paid Covid-19  leave at least, applicable to all workers not just those earning less than RM2,000. This is used when workers are subject to quarantine, cannot go to work because live in area under PKPD, when they go for vaccination, when they are hospitalized(or asked to stay home) when infected. - Sadly, the PN_BN Plus did not deal with this important point. Then, there is the issue of the daily-paid, when they are in fact working every day similar to monthly paid workers. For the daily paid, they get paid just on the days they come to work > really, this daily paid workers system must be abolished to replace it with monthly paid (hence clearly they also then will be able to enjoy paid rest days, paid public holidays, etc...)

6.    The violations of SOP is NOT an offence - unless the law states so, but the law does not make violation of SOP a crime. Many actions that the government is taking because one violates a SOP may be 'ILLEGAL'. It has been pointed out that the Minister under most laws including the Malaysia's Prevention and Control of Infectious Diseases Act 1988, has the power to make Regulations(law) which can create offences, and even stipulate sentences. This is what should have been done - not SOPs or Guidelines. The people have been 'hood-winked' by all these talk about actions like even closing down business premises because they violated some SOP. 

UNLIKE normal laws, Emergency Ordinances can 'super laws' - it can even be in violation of the Federal Constitution and other existing laws. Art 150(6) do talk about this '...while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter,...'  

(5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

Of course, we expect our government to be made up of "GOOD" people who will not abuse these powers for wrong purposes - but simply because it is 'required by reason of the emergency...' 

During this pandemic, we all know that our laws have so many flaws - and we had little choice by declare an Emergency and thereafter needed ordinances to allow by-elections to be postponed, to allow the government to be able to use facilities, resources owned by others, etc 

Of course, there is no justification to suspend Parliament or State Legislative Assemblies - laws should have been put in place so that online meetings of Parliament can be held. Look around you - everyone is meeting and even having AGMs and Congresses Online - so, why can't Parliament do the same - but then, the PN-BN Plus government failed to make Emergency Ordinances before this to facilitate this...or even tabled Ordinances/Acts of Parliament at the start of this session.

Covid-19 was used to suspend Parliament - and on Thursday, again it was used to adjourn..and adjourn...and adjourn. Many believe Covid-19 may again be used for Parliament not to sit on coming Monday..

So, at the end of the day, I believe that EMERGENCY need to be continued beyond 1/8/2021 by reason of the failings of the PN-BN Plus government to do something about the needed amendment to the Constitution, laws or new laws - which all could have been tabled in Parliament this week, and passed in a couple of days...

There is a misconception that EMERGENCY ORDINANCES will automatically cease to have effect when EMERGENCY ends - Not true. Emergency Ordinance live on for a further 6 months

150 (7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

Why 6 months? Well, it is time for Parliament to make needed laws that may be needed before the Ordinance lapses... 

Of course, the Emergency Ordinances could easily be revoked before that 6 months if Parliament elects to ANNUL these Ordinance by Resolution..

OR The said Emergency Ordinances had before Parliament sat was REVOKED - and this revocation would be by an Emergency Ordinance that repeals all previous Emergency Ordinances. As we know, the Cabinet wanted to do this, but the King did not yet assent to it or proclaim it before Parliament sat..

So, EMERGENCY need to be continued to make speedy new 'special laws' to deal with this Covid-19 emergency...which the PN-BN Plus government has yet to put in place...

If the PN-BN Plus government had enacted the needed ordinances, then no need for the continuation of an EMERGENCY as the Emergency Ordinances live on for 6 months and so there is time to put in needed laws in place within this time..

Maybe EMERGENCY should continue, so that at least by another Emergency Ordinance, those BAD aspects of the earlier Emergency Ordinances could be effectively removed...

We will discuss this further at a later time...

In fact, just saw that the DECISION of whether EMERGENCY should continue or not should be left to the Parliament...

But, the problem is that this EMERGENCY ends on 1/8/2021, and Parliament sits on 2/8/2021..

So, Emergency can END - for after all, the Emergency Ordinances live on for 6 months...

BUT, Parliament must HURRIEDLY SIT maybe the following week, to determine whether EMERGENCY ought to be proclaimed again - simply to clean up the mess of the PN-BN Plus Cabinet...

If Muhyiddin has lost his majority, or resigns himself, the King can quickly appoint another PM and life goes on.. 

See earlier post:-

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

ALL Emergency Ordinances repealed - a foolish move that will jeopardize us? EOs allowed government to do certain things but now how?

Parliament - Laws so Parliament can function virtually - not HYBRID? UMRAH? Hagia Sophia? Different Quarantine Requirements?

 

Chong: Parliament should determine whether Emergency to continue

Chong Chieng Jen

KUCHING (July 30): Parliament should determine whether or not to lift or extend the Emergency, said Democratic Action Party (DAP) Sarawak chief Chong Chieng Jen.

He said this is because Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had decided for the government to return to Parliament to arrive at a decision on the matter, which should not be up to the Cabinet.

“In fact, the King has decided. His decision is for the government to return to Parliament for the determination of whether to extend or revoke the Emergency Ordinances (EO).

“What the de facto law minister (Datuk Seri Takiyuddin Hassan) and the Cabinet did is a blatant disregard for the decree of the King to have the question whether the EO ought to be extended or otherwise posed and voted in the Dewan Rakyat,” he said when contacted by The Borneo Post.

The national state of Emergency, which was imposed early this year, is scheduled to end on Sunday.

Chong, who is Stampin MP and currently in Kuala Lumpur, expects to attend the Parliament sitting on Monday.

He said the King’s decree is in line with the basic principle of Parliamentary democracy and regretted that the Cabinet had gone against this.

The DAP lawmaker opined the Cabinet had not only gone against the King but also infringed the Federal Constitution and the fundamental principle of Parliamentary democracy.

“The whole purpose of the King making the decree is that the government has failed the people in its handing of the Covid-19 pandemic.

“That alone, the Cabinet must resign and allow the King to appoint a new prime minister to take over the job of fighting the pandemic,” Chong claimed.

In a statement yesterday, Sultan Abdullah said he was “deeply saddened” by Takiyuddin’s assertion in Parliament that the EO had been revoked.

The King added that the minister’s remarks had confused Parliament, and that the announcement was “not accurate”.

His statement was met with calls for Takiyuddin’s resignation as well as for Tan Sri Muhyiddin Yassin to step down as prime minister. - Borneo Post, 30/7/2021


 

 

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..

BACK TO WHAT IS HAPPENING NOW?

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 Ordinances...it 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

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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

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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