Malaysia will not see any change of government while its emergency is in effect, according to a proclamation gazetted late on Thursday, meaning that embattled Prime Minister Muhyiddin Yassin will remain in power despite appearing to have lost his parliamentary majority this week.
This comes as the emergency order, which gained royal assent on Monday and resulted in Parliament being suspended, drew criticism from across the political divide and spurred the opposition to explore avenues to reverse it.
The state of emergency is set to continue until Aug 1, but can be lifted earlier if an independent committee decides that the coronavirus pandemic is under control.
"For so long as the emergency is in force... the Prime Minister and the Cabinet existing immediately prior to the issuance of the Proclamation of Emergency on Jan 11, 2021 who have been conferred the executive functions shall continue to exercise the executive authority of the Federation and such other persons who have been conferred the executive functions by law shall continue to exercise such functions," declared the gazette.
The same provision applies to existing state governments, and with both federal and state legislatures suspended, all power to make rules now rests with the executive.
Former premier Mahathir Mohamad yesterday labelled Tan Sri Muhyiddin a "dictator" for resorting to declaring the emergency on the grounds that his government could better tackle surging Covid-19 infections without being sidetracked by politics.
"It will be a kind of dictatorship where people cannot protest or question," Tun Dr Mahathir said on radio station BFM. "We are doing away with democracy completely by using the emergency in order to give Muhyiddin full power without anyone saying anything."
Even some leaders from Umno, part of the ruling Perikatan Nasional (PN) pact, have poured scorn on the move. Supreme council member Razlan Rafii said Mr Muhyiddin's warning of "stern action" against those who undermine the government's efforts to combat Covid-19 during the emergency creates a climate of fear.
Former law minister Nazri Aziz, one of two Umno MPs who withdrew support for Mr Muhyiddin in the past week, said "when he applied for the emergency, it means he admitted he has lost and no longer enjoys majority support".
Only 109 out of Malaysia's 220 MPs - with two seats remaining vacant in Parliament - now back the PN government. Opposition leader Anwar Ibrahim, who has in recent months made unsubstantiated claims of holding a parliamentary majority, on Thursday said the emergency proposal was "illegitimate due to the reduced number of MPs that support the government".
"The Prime Minister is focused on retaining power," he wrote in a memo to all MPs. "Therefore it is hoped the honourable member can send a memo to the King to request His Majesty's grace and wisdom to retract the Proclamation of Emergency and decree that Parliament must convene by Jan 31."
Lawmakers from Datuk Seri Anwar's Parti Keadilan Rakyat are also mounting a challenge.
Pasir Gudang MP Hassan Karim said the suspension of Parliament must be "challenged and opposed" as the Constitution allows for Parliament to sit during an emergency. Selayang MP William Leong is also gathering a group of senior lawyers to overturn the emergency order in court.
Malaysia extended its stringent movement controls to a sixth state - Kelantan - yesterday. Daily infections registered at 3,211 cases, while eight new fatalities were reported, bringing the death toll to 586.
• Additional reporting by Ram Anand
