THE government’s revocation of ordinances effective July 21 did not follow constitutional procedure, lawyers have said.

Haniff Katri Abdullah and Syahredzan Johan said there were only two ways the ordinances could be cancelled: first, promulgation by the Agong or second, by an annulment vote in Parliament.

“It is wrong, constitutionally, the ordinances should be revoked by the king, not the government, not the executive, there is no provision for the government to just cancel the ordinances. The second way is to table (the ordinances) for MPs to vote.

“The process (of the revocation) is questionable,” said Haniff in a video posted on Facebook.

Meanwhile, Syahredzan tweeted similar views on the two options, adding: “Not by the cabinet making the decision and immediately cancelling the emergency ordinances”.

The lawyers were reacting to Minister in the Prime Minister’s Department (Law and Parliament) Takiyuddin Hassan, who said in the Dewan Rakyat this morning that the government revoked six ordinances on July 21.

This came as MPs demanded a tabling of the ordinances and for the chance to vote to annul them.

However, Takiyuddin said that since they had been revoked, “the issue of annulment is no longer relevant”.

Takiyuddin also said that the state of emergency is still in force until August 1 when it will expire, and the government will not advise the king to declare a fresh emergency.

However, Haniff said this raised the problem of a power vacuum from July 21 until August 1, as one of the ordinances cancelled – the Emergency (Essential Powers) Ordinance 2021 – states that executive power for as long as an emergency is in force is to be held by “the Prime Minister and the cabinet existing immediately prior to the issuance of the Proclamation of Emergency”.

“If this section of the ordinance has been cancelled, the government has no power during the (remainder of the) emergency until August 1.

“According to the ordinance, there is no power to be given back to the government before January 11 to continue ruling,” Haniff said in his video, referring to the date the declaration of emergency was enforced.

“How is the government going to answer this issue about a power vacuum for 12 days from July 21 to August 1? No one now has executive power. Power should be with the Agong.

“So even though there is a prime minister and a cabinet, they have no role in the eyes of the constitution, they have no executive power,” Haniff said, describing the situation as a constitutional crisis.

Opposition MPs earlier today took Takiyuddin to task for not tabling the emergency and ordinances in Parliament, in accordance with Article 150(3) of the federal constitution.

Dewan Rakyat Speaker Azhar Azizan Harun was also called a “government lapdog” for not allowing motions by MPs calling for the same.

MPs also noted that the government and Azhar had not followed the king’s decree for the legislation enacted under emergency rule to be tabled in Parliament and for lawmakers to debate them.

The current Dewan Rakyat sitting will last for five days and has been derided by the opposition as more of a briefing session by ministers on the government’s handling of the Covid-19 pandemic and national recovery plan.

Debates and voting are not on the agenda. 

The five-day sitting also does not count as a proper sitting of the next or fourth session of the 14th Parliament, which will only be held in September. – July 26, 2021.