Federal Territories Minister Annuar Musa has deepened the confusion surrounding the status of the 6 Emergency Ordinances by stating that the revocation is in the process, contradicting de facto Law Minister Takiyuddin Hassan who had announced its revocation. No wonder Malaysia is plunging towards a failed state when Ministers attending the same Cabinet meeting cannot even be consistent and speak on the same script on such an important matter.
The PN government’s abrupt and hurried announcement in Parliament of a backdated revocation of 6 Emergency Ordinances has caused confusion amongst both the public, as to the legal validity of compounds and fines issued but also the purchase of vaccines under National Immunisation Programme(PICK). PN had relied on the Emergency Ordinance to amend the National Trust Fund(KWAN) Act, without the approval of Parliament, to allow the government to appropriate RM5 billion to purchase vaccines.
Without using emergency powers to amend the KWAN Act, the government cannot appropriate money from a fund set up as an investment for the future. KWAN currently holds a total of RM19.5 billion as of Dec 31, 2020, comprising RM10.4 billion worth of contributions from Petronas and RM9.1 billion from investment returns.
To date, the government has not revealed how much of the RM 5 billion appropriated from KWAN has been drawn down to purchase vaccines. Apparently not the full amount of the RM5 billion has been utilised from KWAN. As one of the trustees, Bank Negara should in the interests of public transparency and accountability reveal how much has been used so far from KWAN for the procurement of the vaccines.
If the Emergency Ordinance amending the National Trust Fund(KWAN) to appropriate RM5 billion to purchase vaccines is revoked on 21st July, will the Federal government have sufficient funds to complete the procurement. The revocation of the Emergency Ordinances may result in the government having to find other sources of funding to make up for any shortfall of the RM 5 billion.
This legal confusion is both a testament to the whole-of-government failure of misusing the Emergency to contain the 3rd wave in COVID-19 infections and deaths when it is to preserve political power, but also a failure in public governance, whether in terms of administration of justice in enforcing MCO restrictions or public expenditures. PN has no useful ideas on how to stop this destruction of lives and livelihood where record numbers of infections and deaths have a devastating impact on the rakyat who cannot work or continue their business operations to earn their living.