The Attorney-General’s Chambers (AGC) today reminded civil servants that their constitutional rights have legal boundaries, particularly when joining public rallies.

In a statement today, the AGC said civil servants are subject to the Oath of Office as provided for in subregulation 20(3) of the Public Officers (Appointment, Promotion, and Termination of Service) Regulations 2012.

It said that based on the Oath of Office, every civil servant is responsible for complying with all regulations, including the Public Officers (Conduct and Discipline) Regulations 1993, general orders, circulars, circular letters, regulations, and other directives issued by the government.

“This department also wishes to emphasise that while Article 10(1)(a) and 10(1)(b) provide the right to every citizen to speak and express themselves, as well as the right to assemble peaceably and without arms, these rights are not absolute in nature.

“In line with this, any public assembly is also subject to the requirement to comply with existing laws, including specific directives issued by the authorities, including directives by the chief secretary to the government, to civil servants,” the AGC said.

It explained that a civil servant shall, among others:

  • at all times give their loyalty to His Majesty the Yang di-Pertuan Agong, the country, and the government;

  • not conduct themselves in a manner that may tarnish or bring disrepute to the civil service; and

  • not make any public statement that may embarrass or bring disrepute to the government.

On Monday, Bernama reported Chief Secretary to the Government Shamsul Azri Abu Bakar reminding civil servants not to participate in the Himpunan Turun Anwar rally that is set for July 26.

He reportedly said that it is inappropriate for civil servants to join such a gathering, as doing so would be inconsistent with the principle of “Loyalty to King and Country”, as enshrined in the Rukun Negara.

Chief Secretary to the Government Shamsul Azri Abu Bakar

“They shouldn’t go. They are civil servants, (so) how can they join? Every day, every week, we recite the Loyalty to King and Country pledge. Have they forgotten? Be loyal to the king and the country,” he was quoted as saying.

However, Lawyers for Liberty (LFL) urged civil servants to defy Shamsul’s warning, with director Zaid Malek calling the directive “unlawful”.

Zaid reminded the government that criticism, dissent, and protest are inherent to democracy and should not be characterised as disloyalty, which would represent a fundamental misunderstanding of Malaysia’s constitutional framework.

He said LFL is also prepared to offer legal assistance to civil servants who face reprisal for joining the rally.

The protest scheduled for 2pm in downtown Kuala Lumpur on Saturday is the apex of a series of smaller demonstrations PAS and Perikatan Nasional have been organising, calling for Prime Minister Anwar Ibrahim’s resignation.

Earlier, Bernama reported acting Kuala Lumpur police chief Usuf Jan Mohamad saying between 10,000 and 15,000 participants are expected to attend the demonstration, involving a combination of NGOs, students, and the general public.

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