‘Ominous,’ Bar says of Putrajaya’s aloofness over NSC Act

KUALA LUMPUR, June 15 — Putrajaya's decision to gazette the National Security Council Act without royal assent and despite the Conference of Rulers' concern sends a sinister signal about its intentions for the law, said the Malaysian Bar today.

Pointing out that the NSC Act may possibly be the first time that the government has chosen to enact a piece of legislation without seeking royal approval since the requirement was removed in 1994, Malaysian Bar president Steven Thiru expressed shock that Putrajaya had needed to exercise the constitutional amendment to pass the law.

“It is an extreme constitutional provision that bypasses the procedure for express assent of the Yang di-Pertuan Agong, and consequently diminishes the inherent system of checks and balances provided by our constitutional monarchy,” Steven said in a statement today.

“The government’s actions are particularly glaring, given the widespread public outcry over the NSC Act.”

Steven pointed out that the decision to gazette the law without royal assent was taken despite unresolved public concern and the government’s undertaking to address issues raised by the Conference of Rulers.

He then repeated criticism over the law that would enable a council headed by the prime minister to unilaterally declare what would amount to localised emergencies, and gain authority over any agency within affected areas.

The NSC Act would also usurp the constitutional power of the Yang diPertuan Agong to proclaim an emergency, which Steven argued rendered the law possibly unconstitutional.

“The government’s refusal to engage meaningfully with critics of the NSC Act, and its disregard for constitutional safeguards, are ominous. These have all the hallmarks of authoritarianism,” Steven concluded.

The NSC Act, which was passed late last year, was gazetted on June 7 without receiving royal assent, but remains dormant as it was not gazetted with an enforcement date.

The requirement for royal approval to pass laws was removed in a 1994 constitutional amendment by the Mahathir administration.

The NSC Act proposes to allow the National Security Council — which would be chaired by the prime minister — to take command of the country’s security forces and impose strict policing of areas deemed to face security risks.

Critics of the law such as the #TakNakDiktator coalition argue that it usurps the authority of the Yang diPertuan Agong and would confer “dictatorial” powers in the hands of the government.

from Malay Mail Online | All http://ift.tt/24Q05oE

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