Wednesday, January 20, 2021

Is the ousting of State Rulers/Government's powers in the current Emergency Proclamation and Ordinance right?

Can the King(with the Prime Minister) oust State Ruler/Government powers? That is the question. - note that the Emergency Proclamation is also signed by Muhyiddin, the current Prime Minister.

In States, it is the Sultan/Ruler that has the power to dissolve the State Assembly and call for a State elections, to summon or cancel State Assembly seating. Were the State Rulers/Menteri Besar(or Chief Minister) even consulted or agreed to especially that Emergency Ordinance, that part that impacts on State Executive Power, sittings of State Legislative Assembly and/or the calling of State Elections?

Does the current Malaysian law allow the King and/or the Federal Prime Minister to do this? If yes, is there a need for changes in laws that will restore State government sovereignty and powers? After all, some States may not have so many cases, and as such, they may elect to still have a functioning State Legislative Assembly - after all, there is always the possibility of continuing to online State Legislative Assembly sessions - a necessary check and balance to the Executive during an Emergency.

Sabah and Sarawak have been fighting for State government powers - why is the same not happening in the Semenanjung States? YES, during the long BN rule, they also ruled most of the States, and so States were willing to surrender what should have been State powers/rights to the Federal Government - but now, the reality is that many State governments may not be ruled/governed by the same government that gets Federal power. Should we re-think our laws? 

The Emergency Proclamation was dated 11/1/2021, and thereafter, we had the Emergency(Essential Powers) Ordinance 2021, which was gazetted on 14/1/2021 but is effective from 11/1/2021.

Malaysia is a FEDERATION of independent States, and each and every State has their own rulers and government - their own elections and State Legislative Assembly, and a perusal of the Emergency Ordinance shows that it affects all State governments and Legislative Assemblies. 

Section 11(b) says that the MB/Chief Minister and State Cabinet/Executive Council existing before the Emergency Proclamation have been conferred executive functions during 'Emergency"


Section 13 - says that State Elections(including by-election) on hold ...and that the elections will be held on a date as the Yang Di Pertuan Agung thinks appropriate after consultation with the respective Ruler or Yang Di Pertua Negeri.

Section 15 - in effect suspended the State Legislative Assemblies. Section 15(1)(b) says that a '...State Legislative Assembly shall be summoned, prorogued and dissolve as the Yang Di Pertuan Agung thinks appropriate after consultation with the respective Ruler or the Yang Di Pertuan Negeri...'

Now, the State Sultan/Rulers seems to have lost their powers to even choose/appoint Menteri Besar/Chief Ministers, to summon/prorogue/dissolve State Legislative Assemblies and to even call for for State Elections.

The ordinance seems to have transferred the power to the King - and State rulers seem to have only the right to be 'consulted' - is this right? 

Was this Ordinance even approved by the State Rulers? State Government?

Malaysia is a DEMOCRACY, and we have 3 governments, each with their own clear powers and rights

- the Federal Government

- the State Government 

- the Local Government(i.e. the Local Councils) - now suspended still.

The Federal Constitution clearly defines what comes under the jurisdiction of the Federal Government, and the State government.

Reasonably, State Constitution should also have defined what comes under the jurisdiction of State government, and the Local governments.









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