WITH the Government claiming that Istana Negara would require the Cabinet’s advise before revoking the Emergency, a former minister claimed otherwise.
“During an Emergency, the Yang di-Pertuan Agong wields wide powers. His Majesty can decree for the Parliament to reconvene tomorrow or day after tomorrow.
“The Ruler can also sack the Prime Minister, the Dewan Rakyat Speaker and others. That’s how expansive His Majesty’s authority is right now.
“Perikatan Nasional (PN) Government leaders are lucky because our Agong is a reasonable and patient man, despite the former being clueless on almost everything,” former Law Minister Datuk Zaid Ibrahim said, in a Facebook post.
Last week, the Yang di-Pertuan Agong Al-Sultan Abdullah Almarhum Sultan Ahmad Shah said that he was of the opinion that the Parliament should be reconvened as soon as possible to allow MPs to debate issues such as the Emergency and National Recovery Plan.
His Majesty issued the statement after chairing a special Conference of Rulers meeting at the Istana Negara, following several meetings held with chiefs of political parties, the Special Independent Committee on the Emergency 2021 and other top Government officials.
“The Agong also stressed the need for a strong and stable Government that can work effectively to contain COVID-19 and revive the economy.
“The Parliament is an important platform for elected leaders to meet and discuss various issues, particularly those pertaining to the pandemic,” the Comptroller of the Royal Household Datuk Ahmad Fadil Shamsuddin was reported saying, in a statement.
The Conference of Rulers also unanimously agreed that there was no need to extend the state of Emergency beyond the Aug 1 deadline announced earlier.
However, many Government leaders claimed that the monarch’s decree was in tandem with the Government’s plan, with Law Minister Datuk Seri Takiyuddin Hassan saying reopening the Parliament in September or October is “soon enough”.
Mahiaddin and his “merry men” misjudged the situation
Elaborating on the issue, Zaid said that during an Emergency, Section 14 of the Emergency Ordinance (EO) takes precedence over other legislations, granting more discretionary powers to Istana Negara.
“Therefore, the argument that the constitutional monarch is bound by the prime minister’s advise, under Article 40 of the Federal Constitution, cannot be used during an Emergency.
“Right now, the Agong is able to do anything even if it goes against several provisions of the Federal Constitution, as long as the Parliament does not reconvene and amend Section 14 of the EO,” he opined.
Training his guns against Prime Minister Tan Sri Mahiaddin Yassin, Zaid said the former miscalculated when they enacted various laws under the EO, without paying attention to its consequences.
“Perhaps, our prime minister and his advisers thought that by granting wide powers to the Agong through the EO, they can take advantage of the monarch’s name to further their cause.
“But they failed to understand that principals of law don’t function in the usual way during an Emergency.
“Plus, the Agong and the other Malay Rulers have their own stand and will not become yes men to anyone,” the former Kota Bharu MP stressed.
On that note, Zaid said the Agong now has the authority to decree for the Parliament to reconvene immediately, without the need for the 28 days’ notice period under normal circumstances.
“Any decision taken by Istana Negara now is legal, including issuing notices for the Parliament to reconvene and the decision cannot be challenged in court,” he remarked. – June 20, 2021.
Photo credit: MalayMail
