Lawyer Rafique Rashid Ali said the new rules will give those in power absolute entitlement to the funds, creating “totalitarian rule or dictatorship”.
“They have access to public funds. It gives a chilling effect as they have the power to expand funds without the check and balance which Parliament brings,” he told FMT.
Earlier today, a new ordinance was gazetted allowing the prime minister, chief ministers or menteris besar to pass a supplementary budget and use consolidated funds without having to go through the legislature during the emergency period. It comes into effect today.
They had previously been expected to seek the respective legislature’s approval before touching the funds.
Rafique said an MP was able to question the authorities on the amount utilised or needed and “at least there is transparency. If the government says it will spend RM100 million, the MP is able to question the reason for the amount or ask for less funds to be used”.
However, he said the government now has too much power and this power is being exercised without any “vigorous debates and according to the whims and fancies of the current government”.
Fahri Azzat, a civil liberties lawyer said Malaysia should not turn into a “rogue state” where funds are used without any question.
“It feels like we are under a totalitarian rule.
“We are at a point where people feel there are a lot of conspiracies. People may feel (the government) is being given a free hand. A check and balance is needed,” said Fahri.
Lawyer Haniff Khatri Abdulla said it was understandable that the government was allowed to tap into the consolidated funds under the Constitution.
“But what is the risk to the rakyat, as it is done without any monitoring,” he told FMT.
He said the government should allow parliamentary and state assembly sittings to reconvene as the Yang di-Pertuan Agong has said Parliament can sit during an emergency.
“If there is no monitoring, can we trust that the funds will not be misused?” he asked.
Furthermore, there are doubts over the majority hold of the government after the ruling Perikatan Nasional took over Putrajaya in February 2020.
Due to that, Haniff said the country may not need a government until the emergency ends and suggested that the King appoint an adviser on the management of the country.
“We do not need a prime minister during an emergency. This was done after the 1969 (riots). Why do we need a government with a questionable majority that will tap into federal funds without any monitoring?” asked Haniff.