THE 18 May Parliamentary sitting. Was it a sitting in law, does it by convention fulfill the test ,or was it not? Parliament, without it performing its entire function, is just a building. A moment’s sitting by our MPs, is that called a Parliamentary sitting? Did our Parliament give up its obligations to the people and serve only the interest of the executive? These are the questions ringing in most introspective Malaysian minds.

This question is pivotal for the effective functioning of democracy in Malaysia. Many experts on constitution, law and regency have proffered their minds. But are they making sense to the majority of simple minds? Societies everywhere is abuzz talking about it.

Does only the opening speech by his majesty the Yang di-Pertuan Agong alone constitute a Parliamentary sitting? Because if it is not, Parliament will by now stand dissolved and we should go for the 15th general election. To answer this, some people are already knocking on the doors of our judiciary. Will the courts hurriedly hear this alarming case? Because anything can happen between now “a possibly dissolved Parliament” and the time the courts dispose of this matter.

What does our constitution say? Article 60 says: “The Yang di-Pertuan Agong may address either house of Parliament or both houses jointly”. Note the word “may”, not “shall” which would have made it compulsory. So the opening of the Parliament by his majesty does not seem to be mandatory.

Hence the question on people’s mind is, if the opening address of his majesty is not compulsory, how does having it constitute a legitimate sitting to satisfy the fatal requirement of 60 days between two sittings? Does the assembly of MPs and sitting in their chairs, even momentarily, constitute a “sitting”? Or, is Parliament now dissolved or not?

Constitutional experts say a sitting means it must conduct its business. The FAQ at our Parliament website defines its function as “a legislative body for the federal government that passes and amends federal laws, scrutinises government policies and approves government budgets and proposals for new taxes”. So, did our Parliament perform these businesses on May 18? Clearly not. Did Parliament function as a Parliament on that day? No. Not at all.

The Covid-19 excuse given by the government makes no sense. Commercial activities are now allowed. But not Parliament? Parliaments in other countries have gone ahead, adapting to the new realities resulting from the pandemic. They have gone virtual. Why not Malaysia? Are we so backward in terms of harnessing the benefits of the cyberworld? Or do we have an unworthy MCMC minister who does not advise the cabinet?

People are asking, if parliaments around the world can sit and conduct their business virtually, why can’t Malaysia? Are the technological tools required for a virtual sitting of Parliament not available to us? What nonsense. Does the government think Malaysians are that stupid?

At a time of such great adversity and woes, public anxiety is running very high. We cannot imagine a better time when the people need their parliamentarians more to help them mitigate and alleviate their pains and sufferings. Never have we ever been so dreadfully distressed.

It is the duty of the MPs to take to Parliament the people’s cries, and it is the government’s ultimate business to hear and provide for the people. Yes, the massive health support and MCO restrictions has been very commendable. But what about people’s daily life, economy, jobs, businesses? Was even the “bantuan Prihatin” provided when it was most needed?

The only way the government can provide support for the people is by coming up with measures to alleviate people’s suffering and jump start commercial activities. This is only possible if the measures are debated in Parliament and all MPs from both sides of the divide raise their concerns and debate before it is voted in. Why do we need Parliament and parliamentarians if this basic element is entirely ignored.

To our simple mind, the government must function. Whether it is legitimate or not is another matter. For the government to function, Parliament must function. Right? For Parliament to function, our MPs must attend and deal with the issues at hand. If the government does not present the supply bill, the people will have grave consequences as it is not legally provided.

Unprecedented times calls for unprecedented measures. But this government even failed to perform its basic function of legally providing for the people. The May 18 sitting did not even consider legitimising the emergency pandemic bill of RM260 billion. How do we know where the money came from and where did it really go? Seriously.

How do we know it is wisely spent? Did it really go to the needy? Or like a RM35 basket for RM100, more money filled the pockets of cronies than to the needy. After all, the kleptocrats are back in government and are heading GLCs too. Theft and plundering flashes through the mind. Without passing a supply bill through Parliament at its first opportunity, the whole RM260 billion spending becomes unlawful. For failing to conduct this serious business, can the Parliament sitting on May 18 be intrinsically considered a sitting?

We know the Perikatan Nasional government is trying to avoid a no-confidence motion against the prime minister, who is presently leading a treacherous cabinet that was not voted to power. We also know the government is not presenting either a confidence motion to legitimate its rule.  We also know the PN government fears that if its supply bill is voted out, along with the possibilities above, the government must resign. Hence to overcome these risks, it prefers to continue functioning irregularly.

This pandemic has created a new normal. More and more businesses are now being conducted in the “air” than physically down here on earth. The new world has expanded into unlimited virtual space. But we are still hopelessly grounded simply because the new set of ministers woefully do not have the proficiency, proclivity nor the will to harness, in good faith, this limitless resource.

There is really no excuse. Representations and scrutiny by our Parliamentarians cannot wait in this unique time. Our MPs need to keep their promises to their constituents and honour their obligations.The business of Parliament must continue in order to lend legitimacy to everything that the PN government does. It cannot continue irregularly in this absurd manner. Our democracy seems “dead”. Ignore it at our own peril.

It is no point flogging a dead horse. “The will of the people is the only legitimate foundation of any government and to protect its free expression should be our first object” – Thomas Jefferson. And this is not happening.

The country might as well for fresh elections so that the people can elect a legitimate government and start all over again. Yes, it is a difficult time, but the difficulty is on the people, not the government which already seems to have its hands in every jar we have. The most pitiful is Tabung Haji, where money reserved for the pilgrimage is also not spared.

The layman’s verdict is clear. The May 18 sitting fails to qualify as a sitting that fulfills constitutional requirements. Neither did it qualify by measure of any codified conventions, practices and precedents in any part of the world that practices the Westminster system of governance. – May 22, 2020.

* Sarajun Hoda is a social activist in Aliran.

* 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.