Experts: Suspending Parliament could stir up other problems

PETALING JAYA: The suggestion to prorogue or suspend Parliament may not resolve the political impasse amid the Covid-19 pandemic as it could lead to other problems, say legal experts.

Dr Muhammad Fathi Yusof, a constitutional law expert and senior lecturer at Universiti Teknologi Malaysia said the suggestion to prorogue Parliament by former senate president Tan Sri SA Vigneswaran may not solve the political instability and prevent a general election in the near future during a pandemic.

“Parliament cannot avoid having a meeting to table the nation’s Budget because that is the basis for the country’s expenditure and development for 2021. If the Budget is not tabled or passed in the Dewan Rakyat, then we will be facing a government shutdown where there will not be any money to spend for the administration, especially for next year.

“In my opinion, the right way to handle the pandemic is to declare an emergency under Article 150 of the Federal Constitution which will enable the country to entirely focus in dealing with Covid-19, ” he said.

Vigneswaran, who is also MIC president had suggested the prorogation of Parliament as it appeared to be the country’s safest bet towards maintaining public order, economy and political stability.

He said during the implementation of a prorogation, the Parliament sitting will be put on hold and the affairs of the nation will be continuously managed and run by the current government.

Citing an example, Dr Fathi said many suggested that the by-election for the Batu Sapi parliamentary seat, which fell vacant recently, should be postponed or cancelled.

He said from a Constitutional view, the process of democracy cannot be postponed, as such, a vacancy in a parliamentary seat must be filled through a by-election within 60 days.

“The only way to cancel a by-election is through the proclamation of emergency under Article 150. If the emergency proclamation is done, the government can suspend the entire election process, should something unforeseen happen, ” he said.

Dr Fathi said in the current political uncertainty, the rakyat are always exposed to the risk of facing the 15th General Election even before the Covid-19 pandemic can end.The recent increase in cases, especially after the Sabah state election should be a lesson, Dr Fathi said.

“Democracy is important but it has to be implemented without sacrificing something more important, including lives and the economy.

“A declaration of emergency to solve the pandemic should not be seen as a dictatorship. About 79 countries, including Australia, Thailand and Spain have declared emergency amid Covid-19, ” he added.

International Islamic University Malaysia law professor Prof Dr Nik Ahmad Kamal Nik Mahmod said it was a convention of the Constitution that the Supply Bill had to be passed by the Parliament for the next fiscal year or the government of the day would have no authority to use the government’s coffer.

“The November meeting is predominantly on the Budget 2021 and it has to go on. If the pandemic is an issue, stricter standard operating procedure (SOP) should be implemented during the Parliament sessions. I think Parliament needs to proceed with its business, ” he said.

Ipoh Barat MP M. Kulasegaran said there was no reason to prorogue Parliament if proper SOP were to be followed.

“The Parliament should function with the necessary SOP. In fact, why not conduct a virtual Parliament? Why is there reluctance to introduce this?” he asked.