State of Emergency: What we know so far

What’s going on?

Prime Minister Tan Sri Muhyiddin Yassin had an audience with the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah on Friday to forward proposals, reportedly aimed at combatting the COVID-19 pandemic. Speculation is rife that Muhyiddin had proposed for a declaration of emergency.

Malaysia is currently facing the third wave of COVID-19 infections with its highest spike of new COVID-19 cases in a day yesterday, breaking the four-digit barrier with 1,228 cases.

The move also came after opposition leader Datuk Seri Anwar Ibrahim met with His Majesty and announced that he has the majority support to overthrow the current Perikatan Nasional government to form a new government where Muhyiddin will be ousted as premier.

Why it matters?

Under Article 150 of the Federal Constitution of Malaysia, the power to declare a state of emergency lies in the hands of the Yang di-Pertuan Agong once there exist imminent danger or threat to the country’s security, economy or public order.

A state of emergency proposal, however, is seen by many as an attempt by Muhyiddin to stay in power.

The government is scheduled to propose its 2021 budget on November 6 and there have been doubts on whether Muhyiddin could muster a majority in Parliament as he is already facing a threat to his position with a vote of no-confidence proposed against him.

A state of emergency would allow for Parliament to be suspended.

Meanwhile, Federal Territories Minister Tan Sri Annuar Musa, said imposing a 'political emergency' is the only way to escape holding the Batu Sapi by-election and Sarawak state elections in the wake of the pandemic.

According to the Centre for Civil and Political Rights (CCPR), a total of 79 countries have already declared state of emergency with various degrees in response to COVID-19. These countries include Australia, France, Finland, Indonesia, Philippines and Thailand.

Malaysia has had six State of Emergencies declared so far: The Malayan Emergency (1948), Indonesia-Malaysia Confrontation (1964), the 13th May incident (1969) and two state-specific emergencies in Sarawak (1966) and Kelantan (1977).

Who says what?

• Opposition leader, Datuk Seri Anwar Ibrahim was among the first to voice his concerns, calling the government out for failing to provide strong leadership in handling the crisis and resorting to undemocratic means to stay in power. He stressed that a state of emergency is nothing more than a descent into dictatorship and authoritarianism.

• Former Prime Minister Tun Dr Mahathir Mohamad said the declaration of emergency will neither stop the spread of the COVID-19 pandemic, more than the measures already taken by the government at this time. Nor would it help reduce the political, economic, and social problems plaguing the country.

• Chairman of the UMNO Advisory Council, Tengku Razaleigh Hamzah, claimed that the declaration of emergency would worsen the already deteriorating Malaysian economy and he had reason to believe that the Prime Minister and his Cabinet no longer had a majority in the Dewan Rakyat.

• Muar Member of Parliament, Syed Saddiq Syed Abdul Rahman said there is no need to declare an emergency but rather call all leaders to sit at the same table to approve the 2021 Budget without the need for an election.

• Former Kuala Kangsar Member of Parliament Tan Sri Dr Rafidah Aziz said declaring an emergency on the excuse of controlling the transmission of COVID-19 is seen as very drastic and that current Standard Operating Procedure (SOP)s in place have already become a norm in people’s daily lives for the past seven months.

• DAP secretary-general Lim Guan Eng stressed that Muhyiddin's action proved that he did not have the confidence to win the 2021 Budget vote in Parliament and that the current government has lost its majority. He also urged Muhyiddin to resign due to his failure to fully implement home quarantine for those returning from Sabah following the State Election on September 26, 2020.

• Parti Amanah Negara (Amanah) has opposed strongly the government's action if it intends to submit a proposal to declare a state of emergency.

What’s next?

Following the proposals put forward by the Prime Minister, His Majesty will hold talks with the Malay Rulers to discuss the next course of action.

A special meeting of the Council of Malay Rulers is expected to be held at the Istana Negara today (25th October) to discuss some of the proposals presented by the government, especially on the spread of COVID-19.

According to a source, the special meeting is scheduled to start at 2.30 pm and will only involve the Council of Rulers without the attendance of the Yang Dipertua Negeris or any politician.

In the meantime, His Majesty has advised the public to remain calm, not panicking and avoid speculating on the current situation in the country until concrete decisions are announced.