Can individuals challenge compounds issued after July 21?

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Compounds Issued After July 21 Can Be Challenged Based on Gazette Notification

Individuals may have grounds to challenge compounds issued after July 21, particularly if the official gazette revoking the Emergency Ordinances specifies an effective date prior to the compound's issuance. The validity of such compounds hinges on the precise wording and effective date published in the federal gazette, as a verbal announcement in Parliament is insufficient to legally revoke these ordinances. Until the revocation is formally gazetted, existing ordinances remain in effect, creating a complex legal landscape for enforcement actions.
Legal Validity Hinges on Gazetted Revocation

The legal standing of compounds issued after July 21, 2021, is directly tied to the formal gazetting of the revocation of the Emergency Ordinances. Lawyers have pointed out that a verbal announcement by the Minister in the Prime Minister's Department (Parliament and Law), Datuk Seri Takiyuddin Hassan, in Parliament on July 26 does not constitute a legal revocation. For any revocation to be effective, it must be signed by the Yang di-Pertuan Agong (YDPA) and subsequently published in the federal gazette. Without this official publication, the Emergency Ordinances, including those that enabled the imposition of compounds up to RM10,000 for individuals and RM50,000 for companies for Covid-19 standard operating procedure breaches, remain legally enforceable.
Retrospective Effect in Gazette Could Invalidate Compounds

A key factor in challenging compounds issued after July 21 lies in the potential for the revocation gazette to include a retrospective effective date. If the official gazette, when published, states that the revocation of the Emergency Ordinances took effect from a date prior to the issuance of a compound, then that compound could be deemed invalid. For instance, if a gazette published on July 26 stated that the revocation was effective from July 21, any compounds issued between these dates under the authority of the Emergency Ordinances could be contested in court. This highlights the critical importance of the precise wording and effective date stipulated in the official government gazette.
Procedural Irregularities Raise Grounds for Challenge

Several legal practitioners have argued that the manner in which the revocation was announced constitutes a failure in due process, potentially rendering actions taken based on the Emergency Ordinances contestable. The absence of a formal gazette and the reliance on a parliamentary announcement have been described by some lawyers as unconstitutional and illegal. This lack of transparency and accountability in communicating such a significant legal change has created confusion among the public and enforcement agencies alike. Consequently, individuals issued compounds from July 21 onwards have been advised by some legal experts to contest them, given the government's failure to properly notify the revocation until a formal gazette is issued.
Continued Validity of Existing Laws and Potential for Legal Recourse

As of July 26, with no official gazette published, the Emergency Ordinances were legally considered still valid, and authorities could continue to exercise powers under them. However, this situation has led to significant confusion, with lawyers suggesting that authorities cannot simultaneously claim ordinances are revoked while continuing to enforce them. While compounds issued under the Prevention and Control of Infectious Diseases Act 1988 (Act 342) remain valid as this Act is still in force, those specifically issued under the Emergency Ordinances, particularly after July 21, may be subject to legal challenge. This legal ambiguity underscores the need for clear and formal government communication regarding legislative changes.

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Can individuals challenge compounds issued after July 21?

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