M'sian Bar urges govt to lock down country following Covid-19 pandemic

PETALING JAYA: The Malaysian Bar has urged the government to institute a lockdown following the Covid-19 pandemic.

Its president Salim Bashir (pic) said the Bar Council was dismayed at the government’s delay in instituting a lockdown of the nation due to the recent spike in Covid-19 cases.

"Since the recent spike in Covid-19 cases, various concerned citizens including doctors and healthcare frontliners have implored the government to institute a lockdown of the nation.

"There are now cases in most states in Malaysia, with the majority in the Klang Valley. Many other countries have imposed states of emergency and directives to curb the spread of virus, including heavily affected countries such as Italy, the United States and Iran, while less affected countries like Sri Lanka and the Philippines are doing the same," he said in a statement Monday (March 16).

The council calls for a multipronged approach, at all levels of society, to effectively contain the spread of virus, he added.

"We believe the government should act in accordance with the powers vested in it by the Prevention and Control of Infectious Diseases Act 1988 (PCIDA).

"Pursuant to section 11 of the PCIDA, the government may declare that a particular area is infected, and under section 31(t) of the PCIDA, the government possesses a wide discretion to make regulations for the prevention or mitigation of infectious diseases," he said.

Salim said if the government holds the view that Covid-19 does not fall under the definition of infectious disease in the First Schedule, then this can be solved through the inclusion of Covid-19 as one of the infectious diseases in the First Schedule, via an order by the Minister, as prescribed under section 30 of the PCIDA.

"In relation to the legal profession, I, as president of the council, have engaged with the Chief Justice with the view of taking steps to protect members of the judiciary, lawyers and the public at large.

"These include the suggestion that the Courts be on lockdown for two weeks, with provisions made for urgent matters to be heard during this period to ensure access to justice is not compromised," he added.

Salim explained that the Chief Justice is not prepared for a lockdown of the Courts at this juncture, but nevertheless has indicated that the Courts will issue a Covid-19-related standard operating procedure (SOP) later Monday.

"We take note that the High Court and Subordinate Courts have implemented procedures pertaining to the conduct of case management and mentions in open court, and that all mediation cases be adjourned pending further directions.

"The council strongly urges the Chief Justice to take proactive measures and consider the Bar Council’s proposal in the interests of all parties on an urgent basis," he said.

The council also advises its members to consider allowing their employees to work from home for a period of two weeks to minimise the risk of contracting the virus, he added.

"Member firms which are shut down during this period are reminded to inform their respective clients and a clear notice be placed at the firm to indicate how cause papers and other important documents are to be served, and the necessary contact details, if any, provided.

"We wish to assure the council members that we will continue to closely monitor the situation and further engage with the Judiciary and the Government in doing our utmost in curbing the spread of this disease," he said.