MUHYIDDIN Yassin’s announcement that almost all businesses can operate from tomorrow is in breach of the law, which governs the movement-control order, said a lawyer today.

The power to make any decision under the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) Regulations 2020 and the Prevention and Control of Infectious Diseases (Compounding of Offences) (Amendment) Regulations 2020 lies with the health minister and no one else, said Nahendran Navaratnam.

The two regulations empower the implementation and enforcement of the MCO.

“We are now told that we can go back to work on Monday by no less than the prime minister himself. The National Security Council has issued SOP for businesses to open. Miti (International Trade and Industry Ministry) also appears to be approving the opening of businesses on terms imposed by them.

“All this in the face of existing PCID-MILA regulations and the provisions of the PCIDA which expressly confer power only upon the health minister to formulate and enforce regulations relating to activities and movement in infected areas.

“And so, the confusion and uncertainties continue while little is known of what the Health Ministry has to say about all this,” Nahendra said in a statement.

The government’s decision to ignore this fact points to a breach of the rule of law, he said.

“The executive must govern in accordance with a valid law passed by Parliament.

“If it does not operate within the confines of the law, things become disorderly and confusing very swiftly.

“That is precisely what we have witnessed with various ministers making statements and pronouncements which are not within their authority to make. Hence the confusion and inconsistency.” 

He was referring to Muhyiddin’s announcement on Friday that almost all businesses can start operating again tomorrow under a conditional MCO.

Restaurants are also allowed to offer dine-in but with new sitting arrangements and other conditions to ensure there is social distancing between patrons.

Workers, meanwhile, are only allowed to move from their house to their place of work and vice-versa.

Individual exercises are also allowed.

The MCO was imposed on March 18 and it is set to expire on May 12. It is uncertain if the government will extend it. – May 3, 2020.