JUNE 9 — Contrary to popular belief, the January 11 Proclamation of Emergency [PU(A) 7/2021] does not “lock down” Parliament. A proclamation is what it is: A declaration. Nothing more, nothing less.

It is the ensuing Emergency (Essential Powers) Ordinance 2021 [PU(A) 12/2021] that did it, and still does. Even so, it is not the whole of the Ordinance but section 14. The section reads as follow:

(1) For so long as the Emergency is in force—

(a) the provisions relating to the summoning, proroguing and dissolution of Parliament in the Federal Constitution shall not have effect; and

Advertisement

(b) the Parliament shall be summoned, prorogued and dissolved on a date as the Yang di-Pertuan Agong thinks appropriate.

(2) Any meeting of the Parliament which has been summoned before the coming into operation of this Ordinance but has not been held is cancelled.

Similarly, it is section 15 which prevents the sitting of the State Legislative Assembly (SLA) of each state.

Advertisement

A view of the Parliament building in Kuala Lumpur March 19, 2021. ― Picture by Yusof Mat Isa
A view of the Parliament building in Kuala Lumpur March 19, 2021. ― Picture by Yusof Mat Isa

So, what does it take to reconvene Parliament and SLA of each state? Promulgate an Emergency (Essential Powers) (Amendment) Ordinance 2021 that removes or deletes sections 14 and 15 and have it gazetted.

Simple, although arguably it should be preceded by two advices: (1) The advice of independent special committee established under section 2(1) of the Ordinance that it is safe to reconvene Parliament and SLAs; (2) the advice of the prime minister to promulgate the amendment Ordinance.

That it is safe to convene can be based on the advice of the American Centers for Disease Control and Prevention (CDC) that if one is fully vaccinated, it is safe to resume activities as before the pandemic. 

Members of Parliament are fully vaccinated.

Hopefully the removal of sections 14 and 15 can be done after the Yang Di-Pertuan Agong (Agong) meets with top political party leaders this week to get feedback on the Covid-19 situation and the state of Emergency in the country, as reported by the media. 

The Agong will then follow suit with a proclamation to summon Parliament under Article 55(1) of the Federal Constitution.

The Opposition will have to keep to its promise and vow that there will not be be a no confidence motion against the prime minister, but will only “discuss about Covid-19 prevention measures, National Immunisation Programme and related matters.” 

Can the people now look forward to Parliament being reconvened?

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