{"id":21900,"date":"2021-02-02T14:02:34","date_gmt":"2021-02-02T06:02:34","guid":{"rendered":"https:\/\/klscah.org.my\/?p=21900"},"modified":"2021-02-02T15:37:21","modified_gmt":"2021-02-02T07:37:21","slug":"frequently-asked-questions-faq-legal-challenge-of-the-emergency-essential-powers-ordinance-2021","status":"publish","type":"post","link":"https:\/\/klscah.org.my\/en\/2021\/02\/21900.html","title":{"rendered":"Frequently asked questions [FAQ]\u00a0: Legal challenge of the Emergency (Essential Powers) Ordinance 2021"},"content":{"rendered":"

Frequently asked questions [FAQ]<\/strong><\/p>\n

1)\u00a0\u00a0\u00a0 Why file a legal suit?<\/strong><\/p>\n

The Emergency grants arbitrary and unfettered powers to one arm of the State \u2013 the Executive \u2013 and undermines our constitutional rights and the peoples\u2019 fundamental freedoms. The Government can do anything it wants by making any number of Emergency Ordinances.<\/p>\n

It is also the first time that Parliament and State Assemblies\u2019 sittings have been suspended by passing of the Emergency (Essential Powers) Ordinance 2021 (EO). The suspension will have an adverse impact as our elected representatives cannot play their \u201ccheck and balance\u201d role. Parliament and State Assemblies represent the people and this arm of the\u00a0State is a basic feature of our Federal Constitution. The EO disables a fundamental institution and silences the people.<\/p>\n

In promoting public participation, rule of law and good governance, we as citizens must monitor and hold the Government accountable for its actions in order to restore our trust in participatory democracy. We must claim our rights and space to express our diverging positions and interests without harm or reprisal. There can be no derogation of our constitutional and fundamental human rights as the peoples of Malaysia.<\/p>\n

Therefore, this legal suit is filed to uphold the \u201crule of law\u201d in the public interest. We seek the Judiciary\u2019s guidance on whether the Government\u2019s EO is lawful or otherwise. It will benefit all Malaysians to know the answer one way or another.<\/p>\n

2)\u00a0\u00a0\u00a0 What\u00a0are we expecting out of\u00a0this legal suit?<\/strong><\/p>\n

We are expecting a determination, in summary, that first, the court has the power to review any attempt by the Government to frustrate the constitutional safeguard requiring that emergency ordinances be debated and voted in Parliament. Second, that\u00a0that the EO be declared invalid.<\/p>\n

3)\u00a0\u00a0\u00a0 Are we challenging the powers of the Yang di-Pertuan Agong (YDPA)?<\/strong><\/p>\n

Adakah kami sedang mencabar kuasa Yang di-Pertuan Agong (YDPA)<\/strong><\/p>\n

No. We are seeking declarations that require the Judiciary to interpret Article 150 of the Federal Constitution and to give its opinion. We are not challenging the powers conferred on the YDPA to call for an Emergency on the advice of the Prime Minister.<\/p>\n

4)\u00a0\u00a0\u00a0 Article 150 (8) of the Federal Constitution says that the emergency proclamation and related ordinances are final and cannot be challenged in any court or on any ground. Why are CSOs proceeding with the legal suit?<\/strong><\/p>\n

We firmly belief that the basic structure of the Federal Constitution equates equal powers to all branches of the State. This means that the Legislature and Judiciary, respectively, have equal oversight roles to play in providing the necessary checks and balances. Article 121 of the Federal Constitution gives the Judiciary inherent powers and jurisdiction to hear all cases brought before it. It is a basic feature of the Constitution.<\/p>\n

As such, Article 150 (8) that purports to oust the courts\u2019 powers and jurisdiction is unconstitutional, and thus null and void.<\/p>\n

We are seeking a judicial determination on this issue as well.<\/p>\n

5)\u00a0\u00a0\u00a0 Would the legal suit lead to the lifting of the Emergency? <\/strong><\/p>\n

The reliefs which are being sought are declarations\u00a0on the constitutionality\u00a0of the EO.\u00a0 If we succeed, the Government is bound to respect and follow the court\u2019s order. This means that the EO would be declared null and void. It is then up to the Government on how it wishes to act in relation to the Proclamation of Emergency.<\/p>\n

6)\u00a0\u00a0\u00a0 Do we as CSOs have the standing to initiate a legal action (locus standi)<\/em>?<\/strong><\/p>\n

Adakah kami sebagai CSO ada hak untuk memulakan tindakan undang-undang (locus standi<\/em>)?<\/strong><\/p>\n

We believe we do. This is a \u201crule of law\u201d, public interest litigation. The Emergency affects everyone and it is an extremely drastic measure that has been taken by the Government. As CSOs working towards strengthening parliamentary democracy and protecting civic spaces in Malaysia, our role as watchdogs and activists have been severely undermined with the imposition of the Emergency Ordinance. The suspension of Parliament will impact the progress made towards legal reforms as the debates and voting on laws cannot proceed.<\/p>\n

As such, we believe we have the legal standing to seek clarity from the court on whether suspending Parliament and State Assembly sittings, through the Emergency Ordinance, is constitutional, as such decisions directly impact our work.<\/p>\n

 <\/p>\n

From,<\/strong><\/p>\n

1. The Coalition for Clean and Fair Election (BERSIH 2.0)<\/strong>
\n2. Suara Rakyat Malaysia (SUARAM)<\/strong>
\n3. Center for Independent Journalism (CIJ)<\/strong>
\n4. Aliran<\/strong>
\n5. The Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH)<\/strong>
\n6. Pergerakan Tenaga Akademik Malaysia (GERAK)<\/strong>
\n7. Save Rivers<\/strong><\/p>\n

\"\"
Photo: Bersih 2.0<\/figcaption><\/figure>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Frequently asked questions [FAQ] 1)\u00a0\u00a0\u00a0 Why file a legal suit? The Emergency grants arbitrary and unfettered powers to one arm of the State \u2013 the Executive \u2013 and undermines our constitutional rights and the peoples\u2019 fundamental freedoms. The Government can do anything it wants by making any number of Emergency Ordinances. It is also the first time that Parliament and State Assemblies\u2019 sittings have been suspended by passing of the Emergency (Essential Powers) Ordinance 2021 (EO). The suspension will have an adverse impact as our elected representatives cannot play their \u201ccheck and balance\u201d role. Parliament and State Assemblies represent the people and this arm of the\u00a0State is a basic feature of our Federal Constitution. The EO disables a fundamental institution and silences the people. In promoting public participation, rule of law and good governance, we as citizens must monitor and hold the Government accountable for its actions in order to […]\n","protected":false},"author":671,"featured_media":21923,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[260,164],"tags":[],"class_list":["post-21900","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-joint-statements","category-statements-announcements"],"jetpack_featured_media_url":"https:\/\/klscah.org.my\/wp-content\/uploads\/144198477_3826465984058790_204647618116216695_n.jpg","_links":{"self":[{"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/posts\/21900"}],"collection":[{"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/users\/671"}],"replies":[{"embeddable":true,"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/comments?post=21900"}],"version-history":[{"count":3,"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/posts\/21900\/revisions"}],"predecessor-version":[{"id":21930,"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/posts\/21900\/revisions\/21930"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/media\/21923"}],"wp:attachment":[{"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/media?parent=21900"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/categories?post=21900"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/klscah.org.my\/en\/wp-json\/wp\/v2\/tags?post=21900"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}