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KINIGUIDE | The tail end of Malaysia’s controversial 2021 emergency has been nothing short of dramatic.
First, a stunning royal rebuke over the emergency ordinances. Then, the prime minister’s insistence that the Yang di-Pertuan Agong has little choice but to revoke them as advised.
Some are now describing this as a constitutional crisis between the Prime Minister’s Office (PMO) and Istana Negara.
Here, Malaysiakini recapitulates what happened and sheds light on key questions involving the still-evolving situation. This explainer relies on the Federal Constitution, lawyers and political analysts.
What triggered this?
On July 26, the first day of the long-anticipated Dewan Rakyat session, de facto Law Minister Takiyuddin Hassan claimed the cabinet had already revoked all emergency ordinances.
The second part of the surprise was when he alleged this was done back on July 21 after a cabinet meeting.
Many questioned why there was no gazette on the matter, whether the Agong had in fact assented to the revocation, and why a five-day delay in announcing such an important matter.
Why was the Agong 'very disappointed'?
Three days later, the Agong said Takiyuddin had “misled” the Dewan Rakyat with his “inaccurate” claim that all emergency ordinances had already been revoked.Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah
The Agong said he had yet to assent to any revocation.
During an emergency, the Agong has the power to promulgate or enact ordinances. He also has the power to revoke them, the palace said. [Article 150(2B) and Article 150(3) of the Constitution]
An ordinance is a rule enacted under an emergency. Unlike a law, it is not passed in Parliament.
Constitutional Law professor Shad Saleem Faruqi underscored that no revocation is accomplished unless the Agong signs the order, and the order is gazetted.
His Majesty was also upset that Takiyuddin and Attorney-General Idrus Harun had failed to comply with his request to have the ordinances debated in the Dewan Rakyat.
The seven ordinances are:
1. Emergency (Essential Powers) Ordinance 2021
2. Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021
3. Emergency (Employees' Minimum Standards of Housing, Accommodations and Amenities) (Amendment) Ordinance 2021
4. Emergency (Essential Powers) (No 2) Ordinance 2021
5. Emergency (Essential Powers) (Amendment) Ordinance 2021
6. Emergency (Offenders Compulsory Attendance) (Amendment) Ordinance 2021
7. Emergency (National Trust Fund) (Amendment) Ordinance 2021
So what is the proper process?
Based on Article 150(3) of the Constitution, lawyer Mohamed Haniff Khatri said there are two ways to get rid of emergency ordinances.