Constitution supersedes general orders - LFL to AGC on July 26 rally

Lawyers for Liberty (LFL) has criticised the Attorney-General’s Chambers for allegedly threatening civil servants from joining the “Turun Anwar” rally slated for July 26.

Its director, Zaid Malek, said it was appalling that the AGC would issue a statement that contradicts Articles 10(1)(a) and (b) of the Federal Constitution, which guarantees Malaysians the right to assemble peacefully.

He stressed that constitutional guarantees cannot be overridden by mere regulations, general orders, letters of undertaking, or circulars.

“Articles 10(2)(a) and (b) allow certain restrictions within specified categories and only by way of laws passed by Parliament.

“The Public Officers (Appointment, Promotion, and Termination of Service) Regulations 2012 and other documents relied on by the AGC do not fall within the permitted restrictions under Articles 10(2)(a) and (b), nor are they laws passed by Parliament.

“These regulations have no legal authority to restrict public servants’ right to free speech and peaceful assembly,” Zaid said in a statement today.

Yesterday, the AGC reminded civil servants that their constitutional rights have legal boundaries, particularly when joining public rallies.

The AGC reminded civil servants that they 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.

“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 added.

On Monday, Chief Secretary to the Government Shamsul Azri Abu Bakar told civil servants not to participate in the rally, claiming that doing so would be inconsistent with the principle of “loyalty to king and country”, as enshrined in the Rukun Negara.

AGC under fire

Hurling brickbats at the AGC, Zaid said the agency should uphold the Federal Constitution instead of issuing press statements to defend the interests of the government.

He also questioned the AGC’s rationale in issuing the statement and asked who instructed the agency to do so.

“The Madani government, led by Anwar Ibrahim, is no stranger to protest as a form of democratic expression and regularly exercised this right themselves when they were in the opposition.

“Yet, they now utilise every arsenal available to them to scare anyone else from using that very same right to protest,” Zaid said, adding his team would defend civil servants if they were subjected to disciplinary action for joining the rally.

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