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On 12 January 2021, Malaysia’s King, Yang di-Pertuan Agong Al-Sultan Abdullah Sultan Ahmad Shah, granted Prime Minister Muhyiddin Yassin’s request to declare a state of emergency until 1 August or earlier, depending on circumstances. The day before, he had announced a two-week movement control order (MCO) due to an alarming number of daily coronavirus cases having risen to 4,029; the highest recorded since the start of the pandemic (as of 16 January 2021).
This state of emergency will result in a "political pause" including the suspension of state elections. In a special broadcast, Muhyiddin stated that the general election will be conducted as soon as an independent special committee, which is responsible for monitoring the COVID-19 pandemic, gives the green light. Refuting criticisms from the opposition that the declaration of emergency was a gimmick to avoid election, he states that it is in fact “in line with one of the five principles of Maqasid Syariah- [an Islamic legal doctrine], which is the protection of life.” He added, “In this context, it is my responsibility as the Head of Government to take care of the lives of the people by protecting you from Covid-19 infection.”
According to article 150 (1) of the Federal Constitution, the Agong may issue a grave emergency in a national crisis that could threaten the country’s security, economy, and public order. In the eyes of the law, an emergency declaration means: the parliament may pass any law that is deemed necessary for the reason of emergency, it is prohibited to hold an election, and, arguably most worryingly, parliament will be suspended. In other words, it gives absolute power to Muhyiddin to govern the nation along with the King. Emergency was last declared on 13th May 1969, which resulted in the indefinite suspension of parliament, and lasted for over two years.
Arguing that an emergency declaration would paralyse the parliament, opposition leader Anwar Ibrahim, has called on other members of parliament to write an appeal to the King to withdraw the nationwide emergency. The controversial former Prime Minister, Najib Razak also offered his views. He stated, “If it is true that a request for emergency is made again, then there will be even more of the citizens that will build the perception that the government of the day only wants to maintain their political power, and not for the sake of the citizens’ interest.”
Whilst Muhyiddin insists that this emergency is not a form of a military coup and no curfew will be enforced, academics and lawmakers question the significance of the declaration. The Human Rights Commission of Malaysia (SUHAKAM) argued the proclamation of emergency is unjustifiable. SUHAKAM also stated that “Parliament is a central institution of democracy and it is a body entrusted with the oversight function to ensure that the government is fully accountable to the people.” They urged the government to not abuse the state of emergency for other purposes except for the COVID-19 pandemic.
The former finance minister, Mr. Lim Guan Eng also agrees that the Movement Control Order is sufficient to deal with COVID-19. Pakatan Harapan (PH), the former government also opined in a media statement that this state of emergency will add to the suffering of citizens. They claimed the next general election will be held in 2023, thus there’s no need to hold an emergency.
On 23 October 2020, Muhyiddin sought royal assent to declare an emergency, but the King stated it was unnecessary to do so, and urged politicians to stop politicking. The reasoning behind Muhyiddin’s proposal was undisclosed, but critics implied he was hoping to pass the 2021 budget without parliament opposition.
Critics argue that this declaration is a part of Muhyiddin’s political game as he has a thin majority in parliament. Associate Professor Ahmad Martadha Mohamed commented that some UMNO factions expressed their dissatisfaction with Muhyiddin’s government, specifically certain party leaders with ongoing corruption trials.
Some members of the formerly-ruling United Malays National Organisation (UMNO) have also withdrawn their support for the government. On 9 January, a member of parliament for Machang (Datuk Ahmad Jazlan Yaakob) announced his withdrawal of support. 3 days after his announcement, cabinet minister Datuk Seri Mohamed Nazri Abdul Aziz followed in his step. Three members of UMNO have now done so, with the first member of parliament (MP) being Tengku Razaleigh Hamzah.
In order to form a majority government, a party needs to secure at least 112 parliamentary seats. Mr. Nazri claims the leading National Alliance Party (PN) will likely secure just 109 out of 222, and told reporters Muhyiddin is indirectly admitting he has lost majority support.
The Sheraton Move
The Malaysian political turmoil, famously known as "The Sheraton Move”, began after Mohamed Azmin Ali (then of the People’s Justice Party, now of the Malaysian United Indigenous Party) launched a meeting - predominantly with members of his "cartel” - at the Sheraton Hotel in Petaling Jaya. Those in attendance are thought to have included members of UMNO and Malaysian Islamic Party (PAS), alongside MPs from the People’s Justice Party (PKR). This meeting resulted in the foundation of the National Alliance Party (PN), which consists of the Malaysian United Indigenous Party (PPBM), the United Alliance Sabah (GBS), and PAS. This new coalition forced the collapse of the PH government after ruling the nation for 22 months.
Malaysia’s then-prime minister, Dr. Mahathir Mohamad consequently resigned, and quit the party that he had founded (PH), as he had lost the majority in parliament. Notably, Mr. Mahathir had promised to hand over his position to Anwar Ibrahim, however the unexpected resignation blocked Anwar’s long-standing intention to lead Malaysia.
Mahathir encouraged the new ruling party (PN) to appoint PKR deputy president Azmin Ali as Minister of Economic Affairs (MEA). Mahathir hoped to reduce support for Anwan, whose guarantee of leadership he had broken. By appointing Azmin to such a role that dealt with “gigantic subsidy programmes”, the ex-prime minister hoped that Azmin would be able to “build his base of support via patronage inside PKR”, and ultimately assert more power.
As a result of this unforeseen maneuver and political clash, Mr. Muhyiddin was appointed as the prime minister. In simple terms, Muhyiddin was elected not through a proper election but through the King without a clear majority. However, this is completely legal in Malaysia; Article 43(2)(a), states that whoever “is likely to command the confidence of the majority” is eligible to be appointed as prime minister. Muhyiddin’s appointment was regarded as a “royal coup”.
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