KUALA LUMPUR: The Home Ministry (KDN) will table amendments to Section 11 of the Peaceful Assembly Act 2012 (Act 736) in the upcoming parliamentary sitting this month, said Minister Datuk Seri Saifuddin Nasution Ismail.
In a statement, Saifuddin Nasution said the MADANI Government remains committed to upholding democratic principles and the supremacy of the Constitution by protecting the people’s right to peaceful assembly.
He said that Prime Minister Datuk Seri Anwar Ibrahim, as the key driver of the MADANI Government’s reform agenda, takes the issue of freedom of assembly seriously, announcing the Cabinet decision to impose a moratorium on prosecutions under Section 9(5) of the Peaceful Assembly Act 2012 as an initial step towards comprehensive reform of laws related to the right to assemble.
On the Federal Court’s ruling that a provision under Section 9(5) of the Peaceful Assembly Act 2012 is unconstitutional, Saifuddin Nasution said the ministry acknowledges the decision and will scrutinise it for appropriate action.
He said this includes considering proposed amendments to the affected legal provisions to ensure they are in line with the Federal Constitution and consistent with the country’s highest court’s decisions.
“The MADANI Government will continue to ensure a balance between individual freedom and the need to maintain public order and security. It is a priority of the MADANI Government to ensure that every right guaranteed by the Constitution is exercised in a peaceful, orderly and responsible manner,” he added.
Earlier, the Federal Court’s five-member bench ruled that a provision under Section 9(5) of the Peaceful Assembly Act 2012, which penalised an organiser who failed to provide the police with a five-day prior notice before holding an assembly, is unconstitutional.
Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, stated that it is inconsistent with Article 10(2)(b) read in conjunction with Article 8(1) of the Federal Constitution (equality before the law).
