KL Mayor and DBKL may likely not give consent if PM Anwar and Government against Anti-Corruption Rally? Respect peoples' right to peaceful assembly

Will the KL Mayor or the DBKL give consent to peaceful assembly after Anwar, or through his Minister does not say YES to the anti-corruption rally? Most likely not, as it is the mayor and the DBKL Local Government representatives are political appointees of the Federal Government, and if they oppose the will of the PM and Federal government, they may lose their positions. However, if the Mayor and the Local Councillors were democratically elected by the people, their position might be different, as if those that are anti-human rights or 'pro-corruption' they will be voted out by the people....

Saifuddin Nasution Ismail, is from Pakatan Harapan and PKR, and he is Anwar Ibrahim's person. Having lost in the PKR elections, Anwar Ibrahim(as President) used his powers to 'appoint' Saifuddin as then PKR Secretary. Having lost the Parliamentary Elections in GE15, again Anwar appointed him Senator and then made him Home Minister. Hence, whatever Saifuddin does or says inadvertently is believed to be what PM Anwar Ibrahim wants. With his recent attempt to prevent the upcoming Peaceful Assembly against corruption by saying that organisers must obtain CONSENT of owners including the DBKL - one wonders whether Anwar Ibrahim too holds the same view and stand. We await to hear what Anwar says...

Anwar and Saifuddin forgets the peaceful assemblies in 1998 when the people came out protesting the manner in which Anwar was dismissed and other human rights concerns affecting the people. The law then was almost a total prohibition of peaceful assembly - it was a crime for 3 or 5 to gather. Despite this, people came out in thousands to exercise their fundamental right of peaceful assembly despite serious retaliation by the police - where people were kicked and beaten, arrested and even charged in court. One would have expected that they would be for human rights - including the right to peaceful assembly...

With the advent of the Peaceful Assembly Act 2012, it really just increased the number of crimes and obstacles to the exercise of the right to Peaceful Assembly...

The Court of Appeal’s landmark decision – that it is unconstitutional to make it an offence not to give the police 10 days’ notice of a gathering under the Peaceful Assembly Act 2012 – stands.. - Star - see Malaysian Bar website

Even, after this, Pakatan Harapan did not remove the requirement for notice - they just reduced it from 10 days to 5 days. They did not remove the requirement for WRITTEN CONSENT of owners of premises - now Minister Saifuddin  is egging the police on the issue of CONSENT, even from DBKL for public spaces...???

People's protest are usually against government - so, will the anti-corruption protest be approved by the Local Government of Kuala Lumpur (DBKL) - most probably NOT, and so will be the position taken by other government entities, government linked corporations, or even ordinary businesses as they do not want to risk 'retaliation' from State/Government.

Asking owners of premises to give WRITTEN CONSENT is draconian - They may RESPECT the right of people to exercise their Right of Peaceful Assembly - but they certainly do not want to come out and give any EXPRESSED or WRITTEN CONSENT. Neither will they want to give any expressed or written OBJECTIONS. Many businesses prefer to be NEUTRAL ...

Anwar Ibrahim and the Pakatan Harapan led government MUST respects peoples' human rights, including the right to peaceful assembly...even if the peaceful assembly is a protest against Anwar, the Government or government failures...

When we hear Anwar Ibrahim talk, he appears to be for Human Rights and Justice - but sadly his actions/omissions are otherwise...

In the future, just before GE16, Anwar's and PH's excuse may be that it was all because of the Barisan National(UMNO) that was needed to form the Unity Government - it would not have been the case if PH alone won majority seats, sufficient to form the government on their OWN?

### Thanks to the draconian Peaceful Assembly Act, there would much more protest about the Palestinian issue by the people...Protest must happen fast - not 10 plus days after a gross violation of rights that people want to respond to.

See also:-  

Peaceful Assembly Act which violates peoples’ REAL right to peaceful assembly must be repealed

Peaceful Assembly Act 2012 - PH amendments FAIL to restore right to freedom of assembly?

 

The right to a PEACEFUL Assembly is an individual's human right, and others who have differing views or even no views/position of the subject matter of the protest RESPECT this right of others. That is how things should be...

However, the Peaceful Assembly Act 2012 is a draconian piece of legislation when it requires the 'bystander' to give a WRITTEN CONSENT to the right  

Organisers must get consent from premises owner, says Saifuddin on anti-graft rally

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By JUSTIN ZACK

• Nation

• Tuesday, 21 Jan 2025

  1:08 PM MYT

PUTRAJAYA: The Peaceful Assembly Act is explicit in its requirements, and organisers should be well-informed about their obligations, says Datuk Seri Saifuddin Nasution Ismail.

The Home Minister said this in response to a planned anti-corruption rally, dubbed Himpunan Rakyat Benci Rasuah, to be held in Kuala Lumpur on Saturday (Jan 25).

“Organisers should know what their responsibilities are if they read the Act. This includes notifying the police,” he said at the Asia International Security Summit and Expo 2025 (AISSE225) at the Putrajaya International Convention Centre (PICC) on Tuesday (Jan 21).

When asked to comment on the need for consent from the premises owner if the rally was held in a public space, Saifuddin said that requirement stayed the same.

“Every premises has an owner. For example, Padang Merbok is owned by the municipal council.

“Dataran Merdeka has an owner as well. You need to get permission from the City Hall.

“The law has already stated as such,” he said. - Star, 21/2025

Decision over 10–day notice stands  

13 May 2015 12:00 am

©The Star (Used by permission)
by QISHIN TARIQ

PUTRAJAYA: The Court of Appeal’s landmark decision – that it is unconstitutional to make it an offence not to give the police 10 days’ notice of a gathering under the Peaceful Assembly Act 2012 – stands.

Yesterday, the Federal Court struck out the Attorney–General’s Chambers (AGC) appeal against the Court of Appeal’s decision last year that the charge levelled against PKR lawmaker Nik Nazmi Nik Ahmad under the Act was unconstitutional.

The panel did this after deputy public prosecutor Manoj Kurup, head of Appellate and Trial Division at AGC, applied to withdraw the appeal.

The Federal Court coram comprised Court of Appeal president Justice Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinudin, Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Justices Abu Samah Nordin and Zaharah Ibrahim.

Citing case law, DPP Manoj told the panel a matter could only be brought up twice from the originating trial court.

As Nik Nazmi’s case started in the Kuala Lumpur Sessions Court, the Court of Appeal would be the apex court in this case.

On May 17, 2013, Nik Nazmi was charged with violating the 10–day notice requirement to inform the police of the Black 505 rally, held at the Kelana Jaya Stadium nine days earlier.

On Nov 1, the Shah Alam High Court dismissed his application to strike out the charge, saying the notice was constitutional. However, five months later, the Court of Appeal reversed that position and declared Section 9(5) of the Act null and void as it was unconstitutional to criminalise the fundamental right to gather.

Nik Nazmi said he was relieved by the decision as it did not just affect him but any other person who took part in an assembly.

His lawyer N. Surendren said the AGC’s withdrawal of the appeal put to rest any doubt about the permanence of the Court of Appeal declaration.

“Now people are free to gather without submitting a 10–day notice. This will affect the way future assemblies are managed," claimed Nik Nazmi, who is Seri Setia assemblyman. - Malaysian Bar Website

'Sickening', says lawyer as government, police seek to prevent anti-graft rally in KL

Organisers call out PH for hypocrisy and say police demand for permission from venue owners defies logic.

MalaysiaNow

January 22, 2025 9:03 AM

Lawyer Zaid Malek reminds Pakatan Harapan leaders not to be hypocritical and repeat what previous governments have done to suppress public protests.

A vocal human rights lawyer has slammed the Anwar Ibrahim government's attempts to prevent an anti-corruption rally planned for Jan 25 in Kuala Lumpur, saying not only the home minister and the police making absurd demands, but it also showed the hypocrisy of the ruling Pakatan Harapan coalition.

"This tactic of imposing unlawful and unnecessary requirements is a tactic we have seen before under the old BN government, and it is sickening that it continues under the unity government led by PH," said Zaid Malek, the lawyer for Sekretariat Rakyat Benci Rasuah which is planning a rally that will commence from the Sogo shopping centre to Dataran Merdeka on Saturday afternoon.

"During Bersih 4, PH leaders had condemned this same demand by police to obtain permission to enter Dataran Merdeka. It is thus sheer hypocrisy for Saifuddin Nasution and the Madani government to insist we now get permission to march to Dataran," he said, referring to past anti-government protests backed by PH.

Saifuddin, the home minister, has reiterated the police's demand that organisers obtain permission from owners of the premises where the rally is to be held.

Zaid described the statement "most ignorant and reckless by a home minister in recent times".

"Following this absurd logic, no public gathering can take place in Malaysia so long as surrounding building owners object to it."

He said instead of obstructing the public and warning them to stay away from the rally, authorities should ensure that the gathering can take place as planned and without interference.

"Why is the government so afraid of anti-corruption rally when they have made a boast of fighting corruption?" asked Zaid.

Yesterday, police said the rally was in violation of the Peaceful Assembly Act (PAA) as the organisers had not obtained permission from premise owners.

Zaid, however, said the police's demand lacked any legal basis as the rally would be held in public spaces, adding that PAA only required the organisers to notify the police.

"Even if there is non-compliance with regards to the notice, this does not affect the right of anyone who would want to peacefully assemble."

Zaid said organisers had fully complied with PAA.

"Permission from owner or occupier of premises does not arise as the rally will be held in public places. Dataran Merdeka and the road in front of Sogo would fall under the definition of 'public place' under Section 3 of PAA."

He also questioned police for not responding to organisers' request for a meeting to resolve the matter.

"It shows their intention to hinder the rally from taking place." - Malaysia Now, 22/1/2025