No law shall come into force until it has been published ― Hafiz Hassan

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AUGUST 3 ― I read with interest Rosli Dahlan’s “Constitutional crisis? Much ado about nothing!”

Rosli set out what he called “the black letter of the Hansard for that day” of what was said by Minister in the Prime Minister Department (Law and Parliament) Takiyuddin Hassan. But as my letter “Sorry seems to be the hardest word” showed, there were other statements of Takiyuddin that followed as recorded in the same Hansard cited by Rosli.

Be that as it may, let’s agree that the YDPA is bound to act on the advice of the government to either proclaim an emergency or to promulgate any ordinance and finally to revoke them. There is no discretion in the matter.

One may concede that the Emergency Ordinances (EOs) “telah di revoke ataupun di annul” as the phrase was used by Takiyuddin in the Dewan Rakyat.

But has the revocation taken effect?

Members of Malaysia’s parliament attend a session of the lower house of parliament, in Kuala Lumpur, Malaysia July 26, 2021. — Bernama pic
Members of Malaysia’s parliament attend a session of the lower house of parliament, in Kuala Lumpur, Malaysia July 26, 2021. — Bernama pic

No law shall come into force until it has been published. This much is clear in Article 66(5) of the Federal Constitution.

So now, has the revocation of the EOs been published? The revocation of the EOs should take the form of the Emergency (Repeal) Ordinance 2021.

To-date, no such Ordinance has been published in the Gazette.

What the country needs is leadership, even if a constitutional crisis is much ado about nothing!

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

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