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PETALING JAYA: As serious as the Covid-19 situation in Sabah may be, it does not justify an emergency declaration, says Tan Sri Tommy Thomas.
The former attorney general said that an emergency proclamation under Article 150 of the Federal Constitution had tremendous negative consequences on the nation’s political body and the exercise of liberties and liberties.
He said such a move was also unconstitutional.
“It is difficult to find a single rational argument to back up the case that there is a ‘serious emergency’ in Malaysia today.
“Covid-19 has been with us since January. On a relative and comparative scale, Malaysia has handled Covid-19 well.
“The government itself cannot then claim that Covid-19 has become so ‘threatening’ overnight that we have a serious emergency,” it said in a statement on Saturday (October 24).
Thomas said that Article 150 (1) states that if the Yang di-Pertuan Agong is convinced that there is a serious emergency, whereby ‘security’ or ‘economic life’ or ‘public order’ in Malaysia is seen threatened, can issue an Emergency proclamation.
However, Thomas said he believed it was impossible for the prime minister to argue that Malaysia’s security was affected in any way if he continued in office.
Likewise, ‘public order’. That leaves ‘economic life’. This precondition does not apply.
“In these circumstances, there is no legal basis for the emergency proclamation in Malaysia today. Therefore, it would be unconstitutional,” he added.
“For all these reasons, I implore the prime minister to withdraw this option,” he said.
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