TUESDAY, 4.30PM
JUSTICE Minister Dullah Omar has introduced a new State of Emergency Bill to Parliament, which will allow the declaration of a state of emergency in conformity with the new Constitution.
In terms of the Constitution, a state of emergency may only continue for 21 days unless extended by the National Assemble, in which case it may not continue for more than three months. Any additional extension will require a 60% majority of the members of the National Assemble following a public debate on the issue.
The existing State of Emergency Act was enacted in 1995, in terms of the interim constitution. The new Bill provides for the repeal of that Act.
Omar said s37 of the Constitution provides for a state of emergency to be declared only in terms of a specific Act of Parliament. In addition, it might only be declared if “the life of the nation is threatened by war, any invasion, general insurrection, disorder, any national disaster or any other public emergency, and the declaration is necessary to restore peace and order”.