Several Pakatan Harapan leaders have disagreed with Defence Minister Mohamad Sabu for saying that the controversial National Security Council (NSC) Act 2016 will be retained, albeit with changes, by the Pakatan Harapan government.

Sepang MP and fellow Amanah leader Hanipa Maidin said that this law needed to be outrightly abolished, as promised in Harapan’s 14th general election manifesto.

"My personal view is that the NSC Act ought to be repealed as promised, as it is unconstitutional,” Hanipa told Malaysiakini when contacted today.

Mohamad, who is Amanah president, made a U-turn yesterday and said the government was now considering “reviewing and reshuffling” the Act.

Previously labelled a “draconian law” by Harapan leaders, Mohamad, who is popularly known as Mat Sabu, deemed it a “good vehicle” for the government.

Hanipa (photo), a lawyer, said he would raise his disagreement at the party’s central committee meeting tonight.

"Tonight we have the party meeting in Malacca and tomorrow is Amanah's open house in Malacca.

“I will raise the matter tonight, " he said.

Maria: We must keep our promises

Petaling Jaya MP Maria Chin Abdullah also demanded that Harapan adheres to the promises it made to the rakyat.

“It is inconceivable that Harapan would even consider not abolishing an Act it once called draconian.

“I would like to remind the government that the Harapan manifesto has stated that all legislation that are in conflict with the principles of justice and freedom of the people will be abolished within the first year of the new administration.

“... the government must keep its promise to the rakyat,” Maria said in a statement.

Like Hanipa, she lambasted the legislation for being unconstitutional as it infringed on personal liberties guaranteed in the Federal Constitution.

“The NSC Act damages the constitutional rights of all Malaysians under Article 5 - Right to Liberty of Person, Article 10 - Right to Speech, Assembly and Association, and Article 13 - Right to Property.

“It grants authorities the power to carry out warrantless arrests, search and seize property, impose curfews and authorise the use of lethal force without internationally recognised safeguards," Maria added.

Similarly, Lawyers for Liberty’s Latheefa Koya stressed that under a Harapan government, there should be no room for a review of the NSC Act, only its abolishment.

“The Act clearly undermines principles of democracy and the rule of law and it has no place in this new Malaysia.

“No person or entity should be given such absolute and unfettered powers.

“The Harapan government must follow through with its promises to ensure that the abuses of the previous regime remain a thing of the past,” she said in a statement.

Latheefa (photo), who sits on the PKR supreme council, reminded that the Act had been gazetted without sufficient consultation or justification.

She also warned that the NSC Act concentrated an inordinate amount of power in the hands of the prime minister and the NSC.

'Study and replace the Act'

Under the Act, the council is placed under the prime minister and can declare an emergency and command operational control over security forces at designated security areas, as long as this is in the name of national security.

Meanwhile, lawyer Haniff Khatri Abdulla, who has represented Bersatu and Prime Minister Dr Mahathir Mohamad in several cases, said that significant amendments needed to be made should Harapan intend to retain the NSC Act.

“There must be proper amendments done to remove all the draconian powers vested in the hands of the PM, and to formulate some other manner of power and control in obedience with the Federal Constitution and the Rule of Law.

“A better alternative is to put up a proper study on the security of the nation, and then repeal the current NSC Act and replace it with a proper and valid new Act of Parliament,” Haniff proposed in a statement.

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