JANUARY 31 — Senior Minister Datuk Seri Ismail Sabri Yaakob has been much criticised, and rightly so.

His statement that the management of private residences like condominiums, apartments and gated and guarded housing areas can instruct residents to do a Covid-19 test should they feel the need to do so is not supported by the law.

The principal law that governs the rights and duties of management body/corporation and owner of units – and by extension, any charge, tenant, lessee and occupier – in those private residences is the Strata Management Act 2013 (Act 757).

Act 757 provides for by-laws and additional by-laws to govern those rights and duties.

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Existing by-laws make no provisions that allow for a Covid-19 test. Thus, additional by-laws will have to be made.

Sections 32(3) and 70(2) of Act 757 provide that additional by-laws may be made to regulate the control, management, administration, use and enjoyment of the units and common property including on safety and security measures.

But the additional by-laws must be made by special resolution. This requires an extraordinary meeting of the management body/corporation and owners. Only then the additional by-laws shall bind both parties as if the by-laws “had been signed or sealed by the management body/corporation and each unit owner and each charge, lessee, tenant or occupier, respectively” and “contained mutual covenants to observe, comply and perform all the provisions” of the by-laws.

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Now, if Covid-10 test is a measure necessary to control the spread of the disease, then only an authorised officer can direct “any person or class or category of persons living” in the residences to subject himself or themselves to such a test. This is stipulated in section 11(3) of the Prevention and Control of Infectious Diseases Act 1988 (Act 342).

Act 342 is the principal law governing the pandemic. Under the Act, an authorised officer is any medical officer, health inspector, or any person appointed by the Health Minister under section 3, who must be a suitable person for purposes of the Act, namely prevention and control of infectious diseases.

Each functionary must be confined to its roles and duties under respective Acts.

Stop passing the buck.

* This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.