THE government will declare emergencies to delay polls in Bugaya and Gerik if the risk of Covid-19 infections is the same as Batu Sapi, said Takiyuddin Hassan.
“An emergency will be proposed for the Bugaya state seat and the Gerik parliamentary constituency if the Health Ministry and the National Security Council (NSC) feel that it is necessary,” said the de facto law minister in the Dewan Rakyat today.
He said the government had to declare an emergency in Batu Sapi so that the Covid-19 mitigation measures could be fully enforced in the area.
“Moreover, only 143 out of 837 election workers were wiling to carry out their duties in Batu Sapi,” said the Kota Baru MP and Minister in the Prime MInister’s Department during minister’s questions today.
Takiyuddin was responding to Ahmad Maslan (Pontian-BN), who wanted know whether the government will declare an emergecny in Bugaya and Gerik.
Like Batu Sapi, Bugaya and Gerik will have to hold by-elections by the end of January following the recent deaths of state assemblyman Manis Muka Mohd Darah and MP Hasbullah Osman.
The Yang di-Pertuan Agong declared an emergency in Batu Sapi on November 18 so that the by-election, which was set for December 5, could be postponed following the rise in Covid-19 cases in Sabah.
“Similarly, the Health Ministry said it is unable to send enough officers to assist in the Batu Sapi by-election that has more than 32,000 voters,” said Takiyuddin.
He said the government felt that the emergency declaration for Batu Sapi was necessary and the king’s orders were timely.
“As the government is trying hard to stem the rise of Covid-19 case, the cabinet had, therefore, directed the prime minister to advise the king to declare a state of emergency in Batu Sapi.
“The declaration is consistent with Article 150 (1) in the federal constitution and is not undemocratic,” said the minister.
Takiyuddin said although it is not explicitly clear about when an emergency could be declared, there are court precedents for them.
Quoting the judgment from the 1966 case of Stephen Kalong Ningkan vs the Government of Malaysia, Takiyuddin said the British Privy Council ruled that: “Although, an emergency within the article must be not only grave but such as to threaten the security or economic life of the Federation, the natural meaning of emergency is capable of covering a very wide range of situations, such as wars, famine, earthquake, floods, epidemics and the collapse of the civil government.” – November 24, 2020.
Comments