SENIOR minister in the Perikatan Nasional government Mohamed Azmin Ali warned the states that the refusal to comply with the federal policy on the conditional movement control order (CMCO) might result in legal suits by businesses affected by additional restrictions.

After seven weeks of the movement control order (MCO), Prime Minister Muhyiddin Yassin announced the relaxation of certain restrictions put in place during the earlier phases.

It was believed given the fall in the number of Covid-19 cases and the impressive recovery registered, the government was in a position to avert a major economic disaster.

It is estimated that country would have to forgo a financial loss of RM100 billion if the MCO is extended indefinitely.

However, the federal government’s policy on CMCO was not something that obtained unanimous or uncritical support from state governments such as Kedah, Penang, Selangor, Sabah and Sarawak.

Given the fact that health comes under the concurrent list of the federal constitution, states were not expected to mechanically implement the provisions of the CMCO in terms of opening up the economy, something that was expected from the business interests in the country.

The policy by the federal government to open up the economy and the call for further relaxation of the MCO were resisted to some extent by the state governments.

It was not resistance for the sake of resistance, nor was it a political move, but consideration based on health and well-being of the people in their respective states.

It was not that the state governments were opposed to the federal policy but they preferred a gradual approach to opening up the economy, something that the states were comfortable managing with disease control in mind.

It was not that they were opposed to the federal policy nor that they were oblivious to the dangers of legal suits for challenging the federal policy, but most importantly, they wanted to put the interests of public health above the interests of businesses.

It was not that the states have outright refused to comply with the federal policy on the new CMCO, it was the federal government that had refused consultation with the states.

Azmin was so eager to point out the financial implications of the failure of states compliance, but failed to consult state representatives before the new policy was announced on May 1?

I believe a healthy consultation would have prevented the present misunderstanding at both levels of government.

Gone are the days when the federal government could demand uncritical obedience to its policies and directives.

Covid-19 is no playing matter, genuine cooperation and understanding are essential to prevent the spread of the virus.

From a legal and constitutional perspective, some are saying, that states might have flouted a federal law.

Of course, there others who are saying that states given the extraordinary situation, health being a concurrent matter, might have a strong case against the federal government in not fully adhering to the CMCO.

Furthermore, courts being not the pliant instruments of executive orders, and not blind to the life and death situation the country is facing, might take a fresh look at the suits if they are filed against the state governments.

Anyway, it is not a zero-sum game that both levels of government are engaged in.

It is just that the various states while accepting the CMCO are merely insisting on a staggered approach, just a delay of few days taking cognisance of their respective health situations.

Is this asking too much or this methodology an affront to the federal policy?

Azmin might be a federal minister but as Selangor’s former menteri besar, he cannot pretend that he has no knowledge of state rights or what they can do and not under the present extraordinary circumstances.

I suggest a meeting between the federal and state representatives on the matter of the CMCO in the next few days.

I am sure Azmin will agree to this. – May 5, 2020.

* P. Ramasamy is Penang Deputy Chief Minister.

* 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.