KUALA LUMPUR, Jan 15 — Members of the Cabinet and lawmakers at both state and federal levels will remain in their positions for the duration of the Emergency, according to the newly gazetted Emergency (Essential Powers) Ordinance 2021.
Item 11 of the Ordinance states that the prime minister and members of his Cabinet shall continue in their respective roles prior to the announcement of the Emergency on January 11.
Subsection (b) also states that all mentris besar, chief ministers and representatives of the state executive council will continue to exercise their functions.
Subsection (c) states that all persons authorised to make subsidiary legislations under the Federal and State laws shall also be allowed to continue in their respective roles.
Meanwhile, Item 12 of the Ordinance states that Article 54 of the Federal Constitution — which states a vacancy in the Senate or Dewan Rakyat must be filled within 60 days — will have no effect.
Subsection 3 and 4 of Item 12 stated that the need to hold an election to fill these vacancies are revoked and annulled.
“For the avoidance of doubt, for so long as the Emergency is in force, Clause (3) of Article 55 of the Federal Constitution shall have effect as if the words ‘for five years from the date of its first meeting and shall then stand dissolved’ have been deleted.
“Clause (4) of Article (55) of the Federal Constitution shall have effects as if the words the “60 days from the date of the dissolution and Parliament shall be summoned to meet on a date not later than one 125 from that date have been deleted,” it said.
In addition to that, Parliament shall only reconvene when the Agong feels it is appropriate to do so.
The same goes for the election for the state legislative assembly. According to Item 13 of the Ordinance, for as long as the emergency is in force, the provisions relating to elections for the state legislative assembly shall have no effect.
An election will only be held once the Agong and the Ruler of the respective states consult with each other.
The Emergency proclamation was made under Article 150(1) of the Federal Constitution and will last until August 1, but can end earlier or later depending on when the number of active Covid-19 cases can be brought under control again.
This will be decided by an independent task force that has yet to be set up. It is supposed to consist of bothgovernment and Opposition MPs, as well as health experts, to advise the King.
