In his message to Pakatan Harapan leaders following the confirmation of the coalition’s structure, former law minister Zaid Ibrahim wants them to challenge the National Security Council (NSC) Act in court.

Zaid in a blog post today said Harapan leaders should consider the possible scenario should the outcome of the next general election do not favour Prime Minister Najib Abdul Razak and Umno.

Najib, he pointed out, has a weapon that no one else has and that is the NSC Act.

As prime minister, Najib completely controls the National Security Council and the council has the power to declare an emergency and appoint anyone as director of operations of a security area, Zaid said.

The director of operations, in turn, has full operational control of a particular security area and has absolute power to perform any task that relates to national security.

“We are all too familiar with the concept of national security and national interest in this country - they are whatever the prime minister says they are.

“For example, if the prime minister wants the director of military intelligence (who, as stated in Sarawak Report, allegedly received a few million ringgit from the prime minister before the last election) to be the director of a security area, then this director - not the chief of the Armed Forces or the inspector-general of police - will be the supremo of the security apparatus,” said Zaid.

As a result, the traditional chain of command of the Army, Navy, Air Force and police would be broken by the NSC Act and the prime minister would have total control over the institutions because he can select the director of operations of his choice, he added.

And once an area has been declared a security area, the declaration will be valid for six months and can be renewed indefinitely thereafter. The only way the declaration can be revoked is by agreement of both the Dewan Rakyat and the Dewan Negara.

“I believe it is important for Harapan leaders to prepare the country for that eventuality. In fact, to ensure his victory, it is possible for the prime minister to declare certain areas under emergency rule before the general election is called."

The prime minister, said Zaid, can even get the director of operations to conduct elections in Sabah, Johor and Kedah if he were to declare the states as security areas.

Pointing out that the director was empowered to direct any government entity including the Election Commission to do or not do whatever he wants, Zaid said voters might be allowed to vote but under different conditions and rules.

“What I am trying to convey to Harapan leaders is that they should start deliberating and planning for this eventuality.

“They could, for example, challenge the NSC Act in the court.”

Although the outcome was expected, Zaid said it was a worthwhile effort as this would enable Harapan leaders to explain the ramifications of the law to the public.

“The prime minister will do everything under the sun to ensure victory in the coming election, and if the result does not favour him, it’s not inconceivable that he will also use the NSC Act to keep him in power post-election.

“I will only discard this belief if the prime minister categorically declares that he will not use the emergency powers under the Act ‘to manage the coming elections’ and that he has no plan to thwart the wishes of the people of this country.”

Najib, he added, must affirm that he will allow a democratically-elected government to take power even if BN loses in the coming election.

“If he can make this declaration, then the people of this country can sleep better, and so can I,” said Zaid.

The NSC Act came into force on Aug 1, last year, after being passed by both Houses of Parliament in December 2015.

This came despite protests from opposition lawmakers and even disagreements from several BN lawmakers.

Critics had expressed concern that the wide powers granted to the prime minister may be abused for purposes other than security matters.