Categories: News

Emergency Ordinance: Govt gets immunity from lawsuits for acts, neglect or default ‘done in good faith’

Under the newly gazetted Emergency (Essential Powers) Ordinance 2021, the government is granted full immunity from any court charges or lawsuits for acts, neglect or default, done in good faith.

The gazettement is dated January 14, but takes retrospective effect from January 11, the day Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah issued his proclamation of Emergency under Article 150 (1) of the Federal Constitution to safeguard the country from the economic threat posed by the Covid-19 pandemic.  

“No action, suit, prosecution or any other proceeding shall lie or be brought, instituted or maintained in any court against the government, any public officer or any person appointed under subsection 6(1) of the Ordinance, in respect of any act, neglect or default done or omitted by it or him in good faith, in carrying out the provision of this Ordinance,” Section 10 of the Ordinance read.

Source: Federal Government Gazette

As long as the state of Emergency is in force, the prime minister and the Cabinet, which existed immediately prior to the issuance of the Proclamation of Emergency on 11 January 2021, and who have been conferred the executive functions, shall also 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.

This also includes the mentris besar, chief ministers and the state executive councils.

The Ordinance also allows legislative functions to make subsidiary legislation under Federal laws, while state laws will continue to be exercised by the persons authorised by such laws.

Prime Minister Tan Sri Muhyiddin Yassin announced a state of Emergency which he claimed was to curb the spread of the COVID-19 pandemic and the resulting economic downturn.

Under the Emergency declaration, Parliament and state legislative assemblies will not be allowed to meet, until such a time as decided by the Yang di-Pertuan Agong.

The Dewan Rakyat was scheduled to meet for the first time this year from March 8 to April 8. —  Malay Mail

[ IMAGE SOURCE ]

Related reading

Recent Posts

Tesla Model 3 2026 update gets larger 16-screen, black headliner and Zen Grey interior option

Tesla has just revealed the updated the Model 3 with several new features for Malaysian…

5 hours ago

Tesla Roadster Malaysia: Reservations now open with fees up to RM1 mil

The all-new second-generation Tesla Roadster is now open for reservations in Malaysia. This is Tesla's…

7 hours ago

CelcomDigi awarded additional 900MHz and 2600MHz spectrum to boost network capacity and coverage

CelcomDigi has been awarded additional spectrum in the 900MHz and 2600MHz frequency bands. The extra…

20 hours ago

Samsung Health: You can now start Sleep Coaching with just three days of data

Samsung has rolled out an update to the Samsung Health app that significantly lowers the…

22 hours ago

ColorOS 17 coming to Malaysia with Living Flow UI, System-Level AI Agents and 6-year smoothness guarantee

This post is brought to you by OPPO. OPPO has officially announced that ColorOS 17…

24 hours ago

Aeon Bank customer claims he received RM1 billion in his account by mistake

Imagine opening your banking app and discovering that you have over RM1 billion in your…

24 hours ago

This website uses cookies.