عزمين بري امران كڤد كراجأن-كراجأن نڬري
#TTFCovid19: Senior Minister Datuk Seri Azmin Ali warned state governments today that refusing to comply with a federal directive to re-open the economy was tantamount to breaking the law.
Referring to statements made by seven state governments yesterday not to comply with the Conditional Movement Restriction Order, Azmin said their actions “were not founded on lawful authority”.
However, several lawyers have opined to the contrary, among them being former Federal Court judge Datuk Seri Gopal Sri Ram.
Yesterday, Gopal told theedgemarkets.com that the states can choose not to abide by the federal government-announced CMCO.
The relaxation of movement restrictions was announced by Prime Minister Tan Sri Muhyiddin Yassin on the 1st of May 2020 and is set to continue for the remaining duration of the government imposed Movement Control Order (MCO).
PETALING JAYA: Senior Minister Datuk Seri Azmin Ali warned state governments today that refusing to comply with a federal directive to re-open the economy was tantamount to breaking the law.
Referring to statements made by seven state governments yesterday not to comply with the Conditional Movement Control Order, Azmin said their actions “were not founded on lawful authority”.
Accroding to Azmin, the CMCO was enforceable throughout the country as the policy has since been made into law.
Azmin, who was quoted by Free Malaysia Today, said state governments that failed to comply faced the risk of being sued for damages by businesses.
However, several lawyers have opined to the contrary, among them being former Federal Court judge Datuk Seri Gopal Sri Ram.
Yesterday, Gopal told theedgemarkets.com that the states can choose not to abide by the federal government-announced CMCO.
“What they cannot do is to violate the regulations. But they (the states) can choose not to take advantage of the leeway granted,” he said.
His position concurred with that of lawyer Rafique Rashid Ali, who said states have the right to defer the federal government’s directive to implement the CMCO.
According to Rafique, the Federal Constitution under the state lists that states have control over public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases.
To the question [of] whether states can choose not to adopt the CMCO, the answer is yes. This is by virtue of the states having domain or control with their respective local administration, municipal councils, corporations, local, town and rural board, and relevant local government agencies.
“States also have control over state works and water. In addition, under the Federal Constitution, the concurrent lists spell out amongst others public health and the prevention of diseases can come under the state’s purview,” he told theedgemarkets.com.
The relaxation of movement restrictions was announced by Prime Minister Tan Sri Muhyiddin Yassin on the 1st of May 2020 and is set to continue for the remaining duration of the government imposed Movement Control Order (MCO).
However, six states decided not to adopt the federal government’s decision, while a seventh seems to have come up with a slightly relaxed version of its own.
THE THIRD FORCE
NOTA: SAYA MEMBUAT PENGUMUMAN-PENGUMUMAN PENTING DARI MASA KE SEMASA EKSKLUSIF MENERUSI SALURAN TELEGRAM BERIKUT:
