Powers under emergency rule could benefit everyone, say analysts


“The government can give 100% attention to managing the pandemic now that the political pressure has eased a bit”

(MalaysiaNow) – A ‘forced moratorium’ and expansion of existing initiatives such as the i-Sinar programme could work in favour of those struggling to make ends meet.

Several analysts say the proclamation of a Covid-19 emergency this week is good news for more than just frontliners battling the pandemic, as it could help ease the economic hardships faced by the people if the wide-ranging powers in the hands of the authorities are put to good use.

Haniff Khatri Abdulla said from a legal-economic standpoint, the state of emergency would allow the government to use its constitutional clout to enact laws compelling financial institutions to suspend loan repayments.

He said this way, not only would banks and financial institutions have to suspend loan agreement terms to help borrowers facing the worst economic crisis in recent history, it would also prevent them from seeking bankruptcy proceedings against defaulters who have no means of repaying their loans following a loss of income.

Haniff said this would be a form of “forced moratorium” to benefit the people.

“To me, this will show the people the blessings of the emergency proclaimed by the Agong. It will make them happy about the declaration,” the senior lawyer, a critic of the government who frequently gives his opinion on legal matters, told MalaysiaNow.

Under Article 150(7), laws enacted during an emergency cannot be challenged in court.

Prime Minister Muhyiddin Yassin, in detailing the state of emergency this week, assured that a civilian government would remain and daily activities would not disrupted. He also said the authorities could enact tough laws during the period running up to Aug 1, with the aim of battling the impact of the pandemic.

Under Article 150(7), laws enacted during an emergency cannot be challenged in court.

Haniff said such laws could be enacted without going through the parliamentary process.

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