Selangor Journal
Quiet atmosphere at the PKNS Complex in Shah Alam, which usually sees thousands of shoppers throng the stalls to get the best deals for Raya bargains, on April 21, 2020. — Picture by BERNAMA

Decision to modify CMCO is within state jurisdiction, says Selangor exco

SHAH ALAM, May 5 — The Selangor government’s decision to impose the modified conditional movement control order (MCMCO) was made within its jurisdiction and powers conferred by the Federal Constitution and the Local Government Act, says the state executive councillor for investment, industry and commerce and SME.

Refuting a statement made by the International Trade and Industry Ministry (Miti) yesterday, Datuk Teng Chang Kim said Section 9 (1) of the Act states that the state authority may direct local authorities on policies relating to matters affecting the interests of its respective areas.

He said Section 72 (1)(f) of the same Act also states that a local authority has the power to safeguard and promote public health as well as to take all necessary and reasonably practicable measures to prevent the spread of diseases.

“The Selangor state government is duty-bound to take all necessary measures in order to protect the safety and health of the people during an outbreak of disease, in particular, the present Covid-19 pandemic.

“There is no conflict or inconsistency whatsoever in the concurrent enforcement of the CMCO and the additional conditions imposed by the state through the local governments,” he said in the statement today.

Citing the Federal Constitution, Teng said local government is under the jurisdiction of the state government (Para 4 of the State List of the Ninth Schedule) whereas public health, sanitation and prevention of diseases are under the concurrent jurisdiction of both the Federal and state governments.

“When the state administration decided to impose additional conditions and to delay certain activities allowed under the MCCO, it was acting precisely within its jurisdiction and powers as stated in the law.

“In fact, both the CMCO and the Local Government Act should be harmoniously read together to ensure the success of protecting the people from the infection of coronavirus.

“The ultimate objective of CMO, CMCO and the additional conditions is to safeguard the interest of the people as a whole. There is no reason for the government to make a decision that may jeopardise the safety, health or wellbeing of any sector,” he said.

Teng said the state administration had also deliberated in-depth before announcing the additional conditions, which he said took into consideration on striking a balance between lives and livelihood.

“The additional conditions have been adopted as a soft-landing measure before the lifting of the MCO or CMCO.

“The Selangor government strongly believes that the businesses that may have been slightly affected by MCMCO also share the concerns and understanding of the common social responsibility of shielding our citizens from the ruthless virus,” he added.

Yesterday, Senior Minister of International Trade and Industry Datuk Seri Mohamed Azmin Ali said state governments may face legal action from various parties, particularly industry players, if they stop businesses from resuming their operations from May 4.

He said the Federal government views seriously the position taken by the various state governments in refusing to execute the decision to restart the economy under the CMCO.

Top Picks

Pandamaran rep distributes over RM30,000 to mosques, suraus for Ramadan activities

Companies open counters to offer jobs to Goodyear staff

MMEA divers involved in Phase Two search for helicopter’s black box