Right to life: Dead in India?

‘Constitution and national health policies should have been the guiding philosophy for leaders and planners. But did we even read them?... The deadly combination of uneducated leaders, greedy corporates, ignorant public, and the contemptuous disregard for science has wreaked havoc. Our priorities are misaligned and actions ill-intentioned.’

Read here (Outlook India, Apr 25, 2021)

How the coronavirus pandemic exposed the dark side of Western democracy

‘A Lowy Institute report reviewing such trends [the systematic dismantling of science, expertise and rule of law] concluded that “the concept of a rules-based international order has been stripped of meaning, while liberalism faces its greatest crisis in decades”. If these writers and many more are correct that Western “democracies” have trashed core components of democracy, it is only fair to ask what Western statesmen mean when they castigate others for failing to adopt democracy...’

Read here (South China Morning Post, Oct 4, 2020)

Is Malaysia in desperate need of a Covid-19 bill?

‘Since the MCO, the government had implemented several measures to combat the impacts of Covid-19, albeit on piecemeal basis. For example, the Companies (Exemption) (No. 2) Order 2020 provided protection for companies from being wound-up for a period of 6 months after receiving a statutory demand, compared to the previous period of 21 days. The EPF Act 1991 had been amended to allow withdrawal by members for the purpose of “sustainable living”. Although these measures are welcomed, a comprehensive Covid-19 Bill is very much needed at this juncture if the issues caused by the MCO are to be sufficiently addressed. After almost 3 months of MCO and CMCO, it is imperative that the Bill covers all bases to assist businesses in rebuilding the economy and our nation.’

Read here (Malay Mail, May 30, 2020)

We need a Covid-19 law right now

‘When I am asked what businesses need from a legal perspective in this Covid crisis, I come up with a critical minimum list of three, for our local small and medium enterprises (SMEs). First, breathing space to earn income and turn around a cash flow deficit to meet debts. This translates into: (a) freezing of demands for payment, and (b) freezing of legal actions... Second, protection from eviction from business premises, and repossession of machinery, equipment and assets that are essential to generating revenue, for a similar period of time. This is fundamental to SMEs’ ability to carry on business as a going concern... The third measure required is then, assistance with the restructuring of debts.’

Read here (FocusMalaysia, May 9, 2020)

Experts differ over states’ CMCO non-compliance

‘Law experts differ on the refusal of some states to implement the conditional movement control order (conditional MCO) based on various interpretations of Article 81 of the Federal Constitution.

‘While lawyer Derek Fernandez said the states have a constitutional obligation to follow what has been gazetted as law by the Federal Government (if the states have yet to have their own laws on Covid-19), former judge Datuk Seri Gopal Sri Ram said it is not so simple.’

Read here (The Star, May 6, 2020)

State v Federal impasse over lockdown relaxation order

‘Under the Federal Constitution (Article 81), state governments are obliged to make sure that states comply with federal law. Further, their action does “not impede or prejudice” the federal government’s authority.  In short, they must comply with regulations as these are part of federal law. Else it will be a violation of the state’s constitutional obligation. So, any abridgement of the federal law’s reach, or orders that are inconsistent with it, will constitute non-compliance.’

Read here (The Edge, May 5, 2020)

Defiance of the 9 States – The whirling wheels of Malaysian federalism

‘On 1st May 2020, Prime Minister Muhyiddin Yassin announced that the MCO would be substantially lifted come 4th May 2020. The MCO will hence be superceded by a Conditional Movement Control Order (CMCO).

‘In a stunning development, as many as 9 states have said they will not be following or complying fully with the Federal Government’s ease of movement and resumption of businesses at 100% capacity under the CMCO.

‘Is it unconstitutional for these States to not follow or fully comply with the Federal Government’s CMCO?’

Read here (Malaysian Public Law, May 2, 2020)

Pandemic rules and the law: Shad Saleem Faruqi

‘Those in positions of authority must also remain cognisant of the rule of law dimension. Power is not inherent. It must be derived from the law and its exercise must remain within the four corners of the enabling legislation.

‘From the rule-of-law point of view, an executive order, policy, directive, instruction or scheme does not amount to ‘law’ (and thereby require obedience) simply because of expediency, workability or reasonableness. It must be anchored in and derived from legislation or subsidiary legislation.‘

Read here (The Star, March 26, 2020)