THE Institute for Democracy and Economic Affairs (IDEAS) strongly urges the government to be honest and transparent by immediately calling for debate on the revocation of the Emergency Ordinances in Dewan Rakyat. Article 150(3) provides that “A Proclamation of Emergency and any ordinance promulgated… shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance,…” (emphasis added). 

IDEAS notes with grave concern the stern rebuke by the Yang di-Pertuan Agong towards the surprising announcement of the revocation of the Emergency Ordinances by de facto law minister Takiyuddin Hassan in Parliament on July 26. The statement from the Istana Negara emphasised that the king had decreed that the Ordinances were supposed to be tabled and debated in Parliament as per His Majesty’s audience with the law minister and the attorney-general on July 24.

Tricia Yeoh, CEO of IDEAS said, “This is unprecedented and it reflects the severity of this issue. The Agong has stated in no uncertain terms that the government’s act of applying for the Ordinances’ annulment in haste, and not having tabled them in Parliament, alongside its conflicting and confusing statements, have failed to respect the rule of law as upheld by the Rukun Negara. We believe that the government must seriously consider its position in light of these recent developments.”

IDEAS views the Agong’s official statement as a signal of a constitutional crisis, in which the government is seen to be exercising its powers beyond what is permitted within constitutional boundaries. Ever since the Parliament was suspended seven months ago, there have been severe transparency and accountability deficits in the legislative decision-making process.

In line with the king’s statement, IDEAS urges the government to debate on the revocation of the Emergency Ordinances announcement by the law minister. Such a process will restore the people’s confidence in parliamentary supremacy, as one of the pillars of democracy.

Yeoh calls for serious attention and importance to be given to the decree of the Agong as well as His Majesty’s concern through the statement issued earlier today. She added, “We must not allow democracy to suffer, and Malaysia deserves greater transparency and accountability in weathering the present Covid-19, economic and presently constitutional crisis.” – July 29, 2021.

* The Institute for Democracy and Economic Affairs (IDEAS) is a Malaysian libertarian think-tank dedicated to promoting market-based solutions to public policy challenges.

* 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.