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PUTRAJAYA: No legal action or lawsuits can be brought against the government under the recently published Emergency (Essential Powers) Ordinance 2021.
It is established in the Ordinance, which was published on January 14, that no action, trial or prosecution can be taken against any public official.
“No action, lawsuit, prosecution or any other proceeding shall be brought against the government, any public official or designated person with respect to any act, negligence or breach committed or omitted by him or by him in good faith, in compliance with the provision of this Ordinance ”, he stated.
Regarding the additional powers of the Armed Forces, it is established in the Ordinance that: “while the Emergency is in force, the Armed Forces, under the direction of the Yang di-Pertuan Agong or the person authorized by the Yang di-Pertuan Agong, will have the powers of a police officer of any rank provided for in the Code of Criminal Procedure, and said powers will be additional to those provided for in the Armed Forces Law and not in derogation from them.
Regarding the executive and legislative powers, the Ordinance establishes that while the Emergency is in force, the Prime Minister and the Cabinet that existed before the proclamation of the Emergency will continue to exercise their functions, as will Mentris Besar, Chief Ministers, state executive councils or state cabinet.
The Ordinance also allows the establishment of an independent committee to advise Yang di-Pertuan Agong on the continued existence of the serious emergency arising from the pandemic.
The election of the Parliament or the State Assembly, in the event that there is any vacancy in the seat, will not take place while the emergency lasts.
“While the emergency is in force, the Yang di-Pertuan Agong may issue the regulations that are necessary or convenient in order to carry out the provisions of this Ordinance.
“While the emergency is in effect, the powers granted under this Ordinance will be in addition to the powers granted by or under any other law written at the time in force.
“In the event of any conflict or inconsistency between the provisions of this Ordinance and any other written law, the provisions of this Ordinance will prevail,” he stated.
On January 11, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had given his consent for a state of emergency to be declared under article 15 of the Federal Constitution.
The state of emergency at the national level until August 1 is to stop the Covid-19 pandemic that has reached alarming levels in the country.
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