PRIME Minister Muhyiddin Yassin can seek an audience with the Yang di-Pertuan Agong to apologise, get his consent for the revocation of the Emergency Ordinances, or resign, former attorney-general Mohamed Apandi Ali said today.

He told The Malaysian Insight the government made a mistake in announcing the revocation of the six Emergency Ordinances without first consulting the king.

“Under the law, any revocation of an ordinance has to be done by the Agong. Of course, he acts on advice but he should be consulted and his consent should be obtained first.

“This wasn’t done properly,” Apandi said.

He added that there are case laws in the privy council that assert that the king has to be consulted under these circumstances.

“There are two things that they (the government) can do now. The prime minister can go and seek an audience and apologise and get the king’s consent.

“It was a mistake, he made a mistake. In western countries he should resign, but this is Malaysia.”

Apandi said it is unclear why the current Attorney-General Idrus Harun did not advise the government on what to do.

“The A-G should be in the position to advise them, but it seems like everybody is sleeping.”

On Monday, de facto law minister Takiyuddin Hassan announced that the Emergency Ordinances had been revoked by the government effective July 21. He said the decision was made in accordance with Article 150 (3) of the federal constitution.

His announcement raised consternation among MPs, with many questioning whether the decision had the king’s consent. Takiyuddin deflected questions, saying he would answer them on Monday, August 2.

A statement by the palace today, however, confirmed that the king was not consulted on the revocation of the ordinances.

The king also said the government’s actions were disrespectful of the principles of rules of law, and paid no heed to the constitutional powers and functions of the Agong.

The statement from the palace added that Takiyuddin and Idrus, during a virtual meeting on July 24, had indicated that the revocation would be made only after it was tabled and debated in Parliament.

“They discussed (July 24), but not sure if the king consented (to the revocation). He only consented for it to be debated,” Apandi said.

“The current government is trying to avoid that (putting it to a vote) because they are scared they will have to resign en bloc. It is all political, not legal.”

He added that if it is a matter of annulling the ordinances, it can be done by the Parliament through a vote without the king’s consent.

The emergency came into effect on January 11 to curb the spread of Covid-19. It is slated to end on August 1. – July 29, 2021.