Istana Negara: Govt Did Not Get Agong's Consent To Revoke The Emergency Ordinances

The palace said that the Yang di-Pertuan Agong was "amat dukacita" (very disappointed) by Takiyuddin who misled the Dewan Rakyat on the revocation of the Emergency Ordinances.

Cover image via Buletin TV3 (YouTube) & Shafiq Hashim/New Straits Times

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Editor's Note: The story has been updated to correct a translation.

Istana Negara says Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Takiyuddin Hassan has misled the members of Parliament on 26 July regarding the revocation of the Emergency Ordinances

In a statement today, 29 July, Istana Negara said that Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah has stressed that Takiyuddin and Attorney General Tan Sri Idrus Harun failed to fulfil their promise to the Agong to have the Emergency Ordinances matter debated in Parliament.

"In this regard, His Majesty expressed his disappointment with the statement made in Parliament on 26 July that the government has revoked all the Emergency Ordinances announced by His Majesty during the Emergency period even though the revocation has not yet been approved by His Majesty."

The statement added that Agong was "amat dukacita" (very disappointed) by Takiyuddin.

What Agong told Takiyuddin and Idrus during a virtual audience on 24 July, the statement said, was that the revocation of ordinances should be tabled and debated in Parliament.

"His Majesty emphasised that the statement made by Takiyuddin in Parliament on 26 July was inaccurate and had misled the members of Dewan Rakyat."

Article 150(2B) read together with Article 150(3) of the Federal Constitution clearly provides for the power to enact and repeal Emergency Ordinances to Agong, the Palace said in the statement

"(The government also issued) conflicting and confusing statements in Parliament which not only failed to respect the sovereignty of laws, as contained in the Rukun Negara, and has sidelined the function and powers of His Majesty as the sovereign as enshrined in the Federal Constitution," the statement said.

While His Majesty is aware that he needs to act on the advice of his Cabinet, as required under Article 40(1) of the Federal Constitution, he also has a duty to advise and reprimand "any actions which are unconstitutional", especially those who are implementing the powers of the Yang di-Pertuan Agong.

On 26 July, Takiyuddin told the Dewan Rakyat that all the Emergency Ordinances have been revoked as of 21 July in a Cabinet meeting

This came as a shock as the de facto Law Minister said the decision to revoke the Ordinances was decided during a Cabinet meeting on 21 July. The decision was not made public until prior to Monday.

"Because the ordinances have been revoked, then the issue of annulment is no longer relevant," Takiyuddin said.

Elaborating on the revocation, Takiyuddin said the Ordinances promulgated this year can no longer be applied after 21 July, meaning fines that were issued after 21 July are invalid.

Read the full statement here:

Image via Istana Negara
Image via Istana Negara

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