Constitutional legalese versus engineering logic in time of pandemic

THE entire nation is now gripped by rumours of an impending announcement of an Emergency Order.

From Tan Sri's to taxi drivers, everyone is talking about it.

Although none of the details of this much speculated Emergency Order has been made known to us, nor how it will be invoked or executed, it is alarming to read the statements issued by the Opposition and those supporting their agenda to destabilise the Government.

I am not a lawyer. I am an engineer. My training in engineering has taught me how various parts of a device must work perfectly in harmony in order for the device to operate successfully.

So when I read the statement issued by the venerable constitutional lawyer Tommy Thomas yesterday calling an Emergency Order declared now unconstitutional, it made me scratch my head.

I repeat, I am not a lawyer. Far be it for me to comment on legal matters or even dispute Tommy Thomas.

But as an engineer who sees how every part of a device needs to work in tandem with the other parts in order to operate.

Perhaps I may apply my engineering skills and know-how to the matter at hand.

Tommy Thomas says that it is unconstitutional to declare Emergency in the current situation. As a layman, my understanding of what he says is that declaring Emergency goes against the Constitution.

That is what unconstitutional means, as far as I know. Nevertheless, Emergency Orders are provided for in the Constitution, the last time I read it (which was a few minutes ago.)

Tommy Thomas himself referred to Article 150 of the Constitution, where Emergency Orders are stated. Yet, he argues that it is unconstitutional.

Article 150 is a part of the Constitution. Like a small keg in a big machine, it makes up the entire device and ensures that the device works.

So if Article 150 is part and parcel of the Constitution, then it is very much a creature of the Constitution and to argue that to declare Emergency is unconstitutional which the Constitution already provides for just does not make sense to the layman, especially an engineer.

A law can be unconstitutional but to say that invoking a part of the Constitution goes against it is just illogical.

Again, and for the third time, let me reiterate that I am not a lawyer. Tommy Thomas' sophisticated but convoluted arguments simply befuddles the mind.

I am almost certain there are merits to his arguments which delve into the subtleties of the law and the complexities of interpretation of the Constitution but legalese is not what is going to cure COVID-19, heal the economy, lower the political temperature nor stablise the nation.

I think we can all agree that what Malaysia needs now is a strong plan to keep everyone safe and healthy, and an economic driven strategy to keep our local industries and businesses running smoothly.

The last thing we need is to spook our foreign investors with political uncertainties. And for the Government to continue to drive the fight against this pandemic and for economic recovery to continue uninterrupted, we need a stable political landscape.

The last time the Hero of Segambut pulled his stunt, the stock market got jittery and shares plunged.

My long-time business friends and the shopkeeper towkays I meet in my constituency all complain that these political stunts and shenanigans are simply bad for business and therefore bad for the country. I think we can all agree on this too.

So let me, as an engineer who has been trained to always build a fail-safe Pause or Emergency Button (pun intended) into any device we construct to ensure that there is always a security feature, ask two logical engineering questions:

(i) Would the Rakyat get hurt when the Government hits the Pause Button on politicking and instead focuses on fighting COVID-19 and healing the economy?

(ii) Why insist on wanting the opportunity to defeat the Government in Parliament which would have the effect of causing the whole nation to go to the polls when there are real health hazards and dangers out there?

From what I have been made to understand, the Emergency Order that is being speculated to be announced soon does not entail military rule or curfews nor any restrictions on economic activities.

In other words, the Rakyat is not going to be burdened at all and it will be business as usual for the shopkeeper towkays and the captains of industries.

Taxi drivers still get to drive and Tan Sri's still get to invest in the stock market.

Only Parliament would be suspended, political activities limited, and wannabe superheros cannot get to spook anyone with their strong, convincing, and formidable superpowers.

So what seems to be the problem to the Rakyat or the economy?

My engineering logic tells me that disagreeing with an Emergency means agreeing to election during a raging pandemic.

And so the legalese of Tommy Thomas simply defies the rational logic of an engineer. Let us all be rational and reasonable people for once and hit the Pause Button.

I, for one, call for less politicking but instead more working on what really matter for the nation - stabilising the Government, fighting COVID-19 and restoring our economy.

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Ali Biju is Member of Parliament for P.205 Saratok