logo
Federal Court rules Section 9(5) of PAA unconstitutional — A victory for the people, says ex-Muda sec-gen

Federal Court rules Section 9(5) of PAA unconstitutional — A victory for the people, says ex-Muda sec-gen

Sinar Daily01-07-2025
This was shared by former Malaysian United Democratic Alliance (Muda) secretary-general Amir Hariri Abd Hadi in a post on his X account. By SINAR DAILY REPORTER
01 Jul 2025 01:36pm
Photo: @amirxabdhadi / X
SHAH ALAM - The Federal Court today ruled that Section 9(5) of the Peaceful Assembly Act (PAA) 2012 is unconstitutional.
This was shared by former Malaysian United Democratic Alliance (Muda) secretary-general Amir Hariri Abd Hadi in a post on his X account.
He described the success of his bid to refer a constitutional question regarding the Act to the Federal Court as a victory for the people. Muda secretary-general Amir Hariri Abd Hadi (left) at the Kuala Lumpur Courts Complex. - BERNAMA FILE PIX
"Alhamdulillah, the Federal Court had today ruled that Section 9(5) of the Peaceful Assembly Act is unconstitutional.
"This is a victory for the people to gather peacefully," he wrote in his post.
He thanked Chief Justice Tun Tengku Maimum Tuan Mat who led the panel, today and his legal team.
He also extended his appreciation to his comrades and supporters who were present in solidarity.
Meanwhile, Muda acting president Amira Aisya Abd Aziz had also in a post on her X account said the verdict by the top court was a victory for the people and rights to assemble peacefully.
"The provision was found to be in contravention of the Federal Constitution by the Federal Court led by Tengku Maimum, today. This is a win for the people and the right for the people to gather," she wrote.
On Aug 26, 2022, Amir pleaded not guilty at the Kuala Lumpur magistrate's court to charges related to a rally held on Aug 14, the same year to press the government for answers regarding the Littoral Combat Ships (LCS) project acquisition.
He was charged, as the organiser of the rally, with failing to notify Dang Wangi district police five days prior to holding the assembly in front of Sogo Complex in Jalan Tuanku Abdul Rahman, Kuala Lumpur.
He was charged under Section 9(1) of the PAA 2012, punishable under Section 9(5) of the same Act, which carries a maximum fine of RM10,000 upon conviction.
He then challenged the validity of the Act.
In August, last year, the High Court allowed his application to refer the constitutional question to the Federal Court.
More Like This
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Govt to amend Aboriginal Peoples Act to strengthen Orang Asli rights
Govt to amend Aboriginal Peoples Act to strengthen Orang Asli rights

New Straits Times

time2 hours ago

  • New Straits Times

Govt to amend Aboriginal Peoples Act to strengthen Orang Asli rights

KUALA LUMPUR: The government will amend the Aboriginal Peoples Act 1954 to broaden the scope of Orang Asli rights protected under the law. Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi said the purpose of the act was originally to deter the Orang Asli community from engaging in communist activities. "There is a dire need to amend the law. We must remember that this Act, in 1954, was intended to prevent the Orang Asli from becoming involved in communist activities. "Its purpose today is entirely different. We need to focus on education, welfare, housing, infrastructure, and the future of the Orang Asli," he said during Minister's Question Time, in response to a supplementary question from Datuk Seri Jalaluddin Alias (BN–Jelebu). He said a study of the Act was currently underway to refine and review the existing provisions and identify gaps in its implementation. Following stakeholder engagements, preliminary issues identified for amendment include land-related matters, such as customary land rights, Orang Asli welfare, the management of customary marriages, and governance involving traditional leadership within Orang Asli communities. "Land administration falls under the jurisdiction of the respective state governments, as stipulated in the Federal Constitution. "Therefore, the Ministry will hold an engagement session with state governments through a Special Meeting of the Orang Asli Consultative Council (MaPOA) to discuss land matters involving the Orang Asli community. "This engagement is a crucial step before the matter is brought to the National Land Council, which will be chaired by the Prime Minister," said Zahid, who is also Minister of Rural and Regional Development. The government is also in the process of developing a comprehensive and inclusive policy, known as the Orang Asli Development Policy, in collaboration with the United Nations Development Programme (UNDP). The policy will align with national priorities, including the Rural Development Policy, the Sustainable Development Goals (SDGs), and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which Malaysia ratified in 2007. "The formulation of this policy reflects the government's commitment to laying a foundation for empowering the Orang Asli community, enabling them to be on par with other indigenous groups globally. "The DPOA will focus on seven strategic areas: land, education, health, economy, leadership, infrastructure, and culture. Its implementation will be guided by the principle of no forced assimilation," he said. Zahid added that Putrajaya was also considering the feasibility of establishing an Orang Asli Advisory Council, modelled after the New Zealand Māori Council, which has played a significant role in promoting the social, economic, educational and cultural advancement of the Māori community. Through the establishment of this council, the government aims to amplify the voices and aspirations of the Orang Asli in shaping their development, within a legal framework that upholds the principle of self-determination — a key element of the UNDRIP.

Orang Asli Rights To Be Enhanced Under Revised Aboriginal Peoples Act
Orang Asli Rights To Be Enhanced Under Revised Aboriginal Peoples Act

Barnama

time3 hours ago

  • Barnama

Orang Asli Rights To Be Enhanced Under Revised Aboriginal Peoples Act

KUALA LUMPUR, July 31 (Bernama) -- The Government has given its assurance to uphold and enhance the rights of the Orang Asli community through amendments to the Aboriginal Peoples Act 1954 (Act 134), Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi said. Ahmad Zahid, who is also Rural and Regional Development Minister, said the proposed amendments will focus on seven key areas: land, education, health, economy, leadership, infrastructure and culture. At present, the Government is undertaking efforts to amend the Act, which has not undergone any substantive revision since it came into force in 1954. 'The review of the Aboriginal Peoples Act 1954 is currently being carried out to refine and reassess the existing provisions under Act 134 comprehensively, as well as to identify implementation gaps,' he said during Minister's Question Time in the Dewan Rakyat today. He was responding to a question from Datuk Seri Jalaluddin Alias (BN–Jelebu), who asked whether the Government intended to amend the current Act 134 to ensure the continued protection and advancement of the Orang Asli community. Ahmad Zahid noted, however, that matters concerning land administration fall under the jurisdiction of the respective state governments as stipulated in the Federal Constitution. In light of this, he said the Rural and Regional Development Ministry (KKDW) will hold engagement sessions with state governments via the Special Meeting of the Orang Asli Consultative Council (MaPOA) to deliberate on land matters involving the community. 'These engagement sessions through MaPOA are crucial before such land issues are brought to the National Land Council (MTN), which will be chaired by the Prime Minister,' he said. Ahmad Zahid said KKDW is also gathering input through engagements and surveys with Orang Asli leaders and relevant agencies to ensure that amendments to Act 134 are comprehensive and holistic, incorporating the views of key stakeholders.

Four key areas focus of amendments to Aboriginal Peoples Act, says DPM Zahid
Four key areas focus of amendments to Aboriginal Peoples Act, says DPM Zahid

The Star

time3 hours ago

  • The Star

Four key areas focus of amendments to Aboriginal Peoples Act, says DPM Zahid

KUALA LUMPUR: Four key areas will be among the focus for amendments to the Aboriginal Peoples Act 1954 (Act 134), the Dewan Rakyat was told. Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi assured that the amendments would not only defend the rights of the indigenous community but also uplift them. He said studies are also being carried out towards reviewing existing aspects in the Act comprehensively. Citing early findings from the study and engagements, the Rural and Regional Development Minister said several Orang Asli matters have been identified as requiring amendments. This includes customary land matters, welfare, the management of customary marriages and also governance of traditional leadership in the Orang Asli community. 'I want to assure all that the rights of the Orang Asli community will be defended and improved. Engagements will continue until the amendments are tabled,' he said during Minister Question Time in the Dewan Rakyat on Thursday (July 31). He also said a special meeting is set to be held together with the Orang Asli Development Council (Mapoa). 'The meeting with Mapoa will be held concurrently with the National Land Council, which is chaired by the Prime Minister,' he said. Ahmad Zahid noted that the Act has not been amended substantively for the past 71 years, citing the crucial need for this. 'We need to understand that the Act was established to prevent the Orang Asli community from being involved in communist activities. 'The situation now is different as we must focus on education, welfare, infrastructure and also the community's future,' he said. The Deputy Prime Minister also said the government is developing a comprehensive and inclusive Orang Asli Development policy. Explaining, he said the policy is aligned with the Rural Development Policy alongside Malaysia's commitment to achieving Sustainable Development Goals. Ahmad Zahid added that the policy will focus on seven focus strategies. They are land matters. Education, healthcare, economy, leadership, infrastructure and culture. He was responding to a question by Datuk Seri Jalaluddin Alias (BN-Jelebu) who asked if the government intends to amend the Aboriginal Peoples Act 1954 (Act 134) to ensure the community's rights are upheld.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store