Home Ministry to review apex court ruling on PAA - Saifuddin

Summary

• The Home Ministry will review the Federal Court's decision on the Peaceful Assembly Act (PAA) 2012, which ruled that criminalising the failure to give notice of assemblies is unconstitutional.

• Home Minister Saifuddin Nasution Ismail states that amendments to Section 11 of the PAA will be tabled in the upcoming Parliament session.

• Former Bersih leader Mandeep Singh hails the decision as a landmark ruling for peaceful assembly rights in Malaysia.

Home Minister Saifuddin Nasution Ismail today said the ministry will review a Federal Court decision that ruled a section of the Peaceful Assembly Act (PAA) 2012 criminalising not giving notice of assemblies to the authorities as unconstitutional.

Saifuddin said appropriate action will be taken following the unanimous three-member apex court bench ruling delivered by Chief Justice Tunku Maimun Tuan Mat, in relation to a challenge brought by former Muda secretary-general Amir Hariri Abdul Hadi.

“This includes considering proposals to amend the affected legal provisions so they are in accordance with the requirements of the Federal Constitution and consistent with the ruling of the highest court,” he said in a statement.

Saifuddin (above) also reaffirmed Prime Minister Anwar Ibrahim’s commitment to uphold the rights to peaceful assembly, citing a previously announced cabinet decision to implement a moratorium on any prosecution under Section 9(5) of the Peaceful Assembly Act 2012.

“In line with this commitment, the Home Ministry will also table amendments to Section 11 of the Peaceful Assembly Act at the upcoming Parliament session,” Saifuddin said.

The apex court ruling today struck out Clause 9(5) of the PAA which stipulates that an organiser can be slapped with a fine of not more than RM10,000 for failure to provide a five-day notice to the police.

In a related response, former Bersih leader Mandeep Singh described the decision as one of the most important rulings on peaceful assembly in Malaysia.

“Today’s landmark decision is not just any ruling. It marks progress toward one of Bersih’s key demands under Bersih 4 and 5: the right to dissent.

“As a former leader of the movement, I applaud the Federal Court’s decision. The irony is that this demand was finally achieved through legal reform via the courts,” he noted.

Constitutional guarantee

Mandeep further recalled how the PAA came into force on April 24, 2012, four days prior to Bersih’s third rally - one of Malaysia’s largest protests that saw an estimated 100,000 people take the streets of Kuala Lumpur.

“The PAA was intended to replace Section 27 of the Police Act, and was meant to promote and facilitate peaceful assemblies.

“However, over the years, it has been used as a tool to criminalise peaceful protesters.

“Politicians, activists, students, members of the public, and many others have been charged under this Act,” he said.

Mandeep reiterated that the ruling today upholds a constitutional guarantee that all citizens have the right to assemble peaceably and without arms.

In his statement, Saifuddin also noted that since 2023, more than 10,000 assemblies have been held, with 98 percent of them taking place without any restrictions.

In 2024, the figure rose to 99 percent out of more than 7,000 assemblies.

Govt must reform all protest laws after court ruling on PAA - Amnesty

LCS scandal unresolved despite court win, says ex-Muda sec-gen

Apex court: PAA penalising failure to give notice 'unconstitutional'

COMMENT | No room for debate: Quiet crisis of academic freedom

NGOs seek broader rights for peaceful rallies, to include foreigners