State govts must comply with federal laws, says prominent lawyer

The Conditional Movement Control Order (CMCO) to fight the COVID-19 pandemic imposed by the federal government, which entered its eighth day today, have so far received mixed reactions from state governments, with some embracing it fully and others having reservations.

The CMCO was due to end on May 12 but Prime Minister Tan Sri Muhyiddin Yassin announced at 2 pm yesterday that it is necessary to extend it until June 9.

However, according to legal consultant Datuk Dr Gurdial Singh Nijar, under the constitution, all state governments must comply with federal laws and must not do anything that may impair or oppose a particular federal order.

In a Bernama TV interview Saturday, Gurdial said under the Prevention and Control of Infectious Diseases Act 1988, during this COVID-19 pandemic, the federal government is the only enforcing agency or authority that can enforce this law and not the state governments.

“Restaurants, food courts, hawker stalls, food stalls, food trucks can be open for business, this is the governing law that governs throughout the country, this is what we call a federal law under the constitution.

"Once there is a federal law, then all states must obey and if there is any conflict between state laws and federal law, then federal laws prevail.

“But there is still confusion in certain sates where most restaurants are still closed, food trucks and food stalls are not allowed to operate except for deliveries, this confusion is due to fear of violation of regulations,” he said.

Gurdial said this confusion should be clarified and cleared by the federal government so that the federal order is adhered to and honoured by all state governments.

Apart from that, he pointed out that under the constitution, local government laws can only be used in licensing of businesses premises and specifically deals with certain sanitary and health conditions that relate to the running of businesses such as restaurants.

“If there are rats or rodents or unsanitary conditions, then they (state authorities) can take action, other than that, with regards to infectious diseases or COVID-19, federal laws must be applied and there is no excuse for state governments to seek to contradict the CMCO,” he added.

Under the Prevention and Control of Infectious Diseases Act 1988, the federal government imposed the Movement Control Order (MCO) to flatten the curve of COVID-19 transmission. It was to end on May 12 but because it was hugely successful, was loosened to the CMCO on May 4.

The prime minister, in his address on the COVID-19 situation today that was aired over national television, said the CMCO was still necessary to fight the pandemic.

Unlike the MCO which strictly restricts movement of people and limits operations to only essential services, the CMCO has now loosened up the economic sector, thus enabling people to return to work with all almost economic sectors allowed to reopen.