RECENTLY, it has been reported on more than one occasion where the health director-general had to urge the government to reconsider its decision in the management of the Covid-19 pandemic.

It cannot be stressed enough that whatever decision taken by the government must be done only after consulting and getting the nod from the health DG.

We must understand that the National Security Council (NSC) is a federal agency that comes under the purview of the Prime Minister’s Department.

The NSC, on behalf of the federal government, is now in charge of the management of the Covid-19. The NSC does not consist of the Health Ministry. 

That is why press conferences are by the NSC and health DG are held separately.

It is humbly submitted that the health DG must be given all the support necessary to take the lead in deciding what should and should not be done in the prevention and control of this pandemic.

All other agencies, including the NSC must make their decisions on other ancillary measures, such as reopening the economy or allowing travelling to home towns, after taking the cue from the health DG.

Other ministers must do the same and consult with the health DG first.

This would be in line with the spirit of the Prevention and Control of Infectious Diseases Act 1988.

This is the principal act of Parliament under which all regulations and movement control orders are made and put to force.

Section 11(1) of the Act states:

“(1) If the Minister is satisfied that there is an outbreak of an infectious disease in any area in Malaysia, or that any area is threatened with an epidemic of any infectious disease, he may, by order in the Gazette, declare such area to be an infected local area.”

It can safely be assumed that these orders of declarations of infected local areas have and are being made by the health minister as we progress.

If I am not mistaken, and I stand corrected, these infected local areas are known as red zones. Green zones are areas with no infection cases.

Section 11(3) of the Act states:

“(3) During the continuance in force of an order made under subsection (1), it shall be lawful for any authorized officer to direct any person or class or category of persons living in an infected local area or in any part thereof to subject himself or themselves (a) to treatment or immunisation; (b) to isolation, observation or surveillance, the period of which being specified according to circumstances; or (c) to any other measures as the authorized officer considers necessary to control the disease.”

Section 11(4) of the Act states:

(4) It shall be lawful for an authorised officer to use such force, with or without assistance, as may be necessary and to employ such methods as may be sufficient to ensure compliance with any direction issued under subsection (3).

These sections are pretty straightforward for you and I to understand.

It essentially gives power to the health DG, as an authorised officer under the said Act, to direct people to be in isolation or surveillance for certain periods of time, or to direct people to subject themselves to any other measure that the health DG considers necessary to control the Covid-19 disease.

It also gives the health DG powers to use such force, with or without assistance, as may be necessary to ensure compliance.

Now, it is plain to see how it must necessarily be the health DG that ultimately decides. It is the law that dictates such.

This is why it is humbly submitted that all ancillary measures coming from the NSC or other ministers, must for all intents and purposes be subject to the health DG’s approval.

We cannot have a situation where contradicting measures are being laid down by those in charge, only to see the health DG constantly correcting federal ministers, like a school teacher constantly correcting the students.

I humbly hope that the health DG invokes his powers under the said Act and put all other federal agencies in their place.

It honestly and sincerely pains me to see the health DG having to constantly urge and plead ministers and agencies to reconsider their announcements.

We are in a global health crisis and therefore it is only logical that the health experts dictate which path to be followed and at what pace things move. – April 14, 2020.

* Puthan Perumal reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.