Repeal emergency-related ordinances, lawyer tells incoming law minister

Repeal emergency-related ordinances, lawyer tells incoming law minister

Surendra Ananth says the question on whether the emergency has ended remains unanswered.

New law minister Wan Junaidi Tuanku Jaafar and the deputy, Mas Ermieyati Samsudin, are trained lawyers.
PETALING JAYA:
Incoming law minister Wan Junaidi Tuanku Jaafar must repeal all bills related to the emergency ordinances (EOs) when the Dewan Rakyat sits on Sept 6, says a lawyer.

Surendra Ananth said the question of whether the emergency has ended remains unanswered.

“Article 150 (of the Federal Constitution) does not envisage a fixed-term emergency. An emergency by its nature cannot be certain,” he said.

Surendra also pointed out that under Article 150(7), the EOs made during the emergency period are valid for another six months, after it ended on Aug 1.

Muhyiddin Yassin’s Perikatan Nasional administration sought for an emergency declaration from Jan 11 to Aug 1, in an attempt to curb the Covid-19 pandemic.

However, during the Dewan Rakyat sitting on July 25, then law minister Takiyuddin Hassan said the Cabinet had revoked all the EOs on July 21. This prompted criticism from opposition MPs.

Prime Minister Ismail Sabri Yaakob announced today that Wan Junaidi, the Santubong MP, will be the new law minister under his administration. Masjid Tanah MP Mas Ermieyati Samsudin is the new deputy.

Both Wan Junaidi and Mas Ermieyati are trained lawyers.

Besides that, Surendra said, Wan Junaidi needed to continue with the reforms that were started during Takiyuddin’s time in office, especially on separating the roles of the public prosecutor and the attorney-general (AG).

“He should release the report of the institutional reform committee set up under the council of eminent persons during the Pakatan Harapan administration.

“The report by the committee would be critical in assessing what reforms are needed and how to carry them out. There is no reason not to release this report,” he said.

Fellow lawyer M Ramachelvam called for Wan Junaidi to set up a law reform commission to assist Parliament to look into the country’s laws.

“Many other Commonwealth countries have such an independent commission to propose reforms and forward the recommendations to Parliament. It is time we have one here.

“Currently, we have a law revision and reform unit under the AG’s chambers,” he said, adding that such a body should not be placed under the Attorney-General’s Chambers (AGC).

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