Tengku Maimun's precious farewell gift to Malaysians: Landmark ruling on the right to dissent
'On her last day, Chief Justice (now former) Tun Tengku Maimun Tuan Mat defends our constitutional right to freedom of assembly. The government can no longer require five-day notice to hold peaceful rallies as that has been ruled by the Federal Court to be unconstitutional.'
On her last day, Chief Justice Tengku Maimun defends our constitutional right to freedom of assembly. The government can no longer require 5-day notice to hold peaceful rallies, as that has been ruled by the Federal Court to be unconstitutional.https://t.co/NyZjU1Y8Yv
— Boo Su-Lyn (@boosulyn) July 1, 2025
THE Federal Court had on yesterday (July 1) delivered one of the most important rulings on peaceful assembly in Malaysia.
The Peaceful Assembly Act 2012 (PAA) came into force on April 24, 2012 which was just four days before one of the most historic rallies in the country – BERSIH 3.0.
The PAA was intended to replace Section 27 of the Police Act and was meant to promote and facilitate peaceful assemblies.
However, over the years, it has been used as a tool to criminalise peaceful protesters. Politicians, activists, students, members of the public and many others have been charged under this Act.
I have always argued that there's no need for the 10-day advance notification requirement (prior to the amendment) under Section 9(5).
This is because enforcement authorities are usually already aware when a rally is being organised. In many cases, no approval is granted even when organisers have complied with all conditions.
Often, after submitting a notice, the rally would be declared 'illegal'. Participants of BERSIH 4 rally in September 2015 (Inage credit: Singapore Straits Times )
Precious gift
Today's landmark decision is not just any ruling. It marks progress towards one of BERSIH's key demands under BERSIH 4 and 5: the right to dissent.
As a former leader of the movement, I applaud the Federal Court's decision. The irony is that this demand was finally achieved through legal reform via the courts.
Let us now celebrate what is enshrined in our Federal Constitution which under Article 10(1)(b) guarantees that 'all citizens have the right to assemble peaceably and without arms.'
Kudos to all of you who have participated in peaceful gatherings or supported this journey over the years.
' Hak berhimpun, hak anak setiap bangsa (The right to assemble is the rights of every Malaysian).' – July 2, 2025
Mandeep Singh was one of the longest-serving staff at the Coalition for Clean and Fair Elections (BERSIH). He was a key driver of the BERSIH Secretariat during a critical period in the movement's history, especially in the run-up to the BERSIH 3, 4 and 5 rallies. Mandeep Singh (Image credit: Malaysiakini )
During this period, the Hulu Selangor-born political activist was subject to over 30 interrogations, three death threats and five detentions for his involvement in BERSIH.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Sun
5 hours ago
- The Sun
Tengku Maimun's unmatched contribution
CONGRATULATIONS are in order for our eminent Chief Justice Tun Tengku Maimun Che Mat as she concludes her mandated term with unwavering dedication, dignified decorum and distinguished service. Appointed in May 2019, Tengku Maimun served as Malaysia's chief justice for six years and two months, leaving behind a legacy of integrity and judicial excellence. Her tenure was especially notable as she had the rare distinction of serving under four different prime ministers – an experience unmatched by any of her predecessors. Even more remarkable was her pivotal role in upholding the prison sentence and RM210 million fine imposed on a former prime minister – an extraordinary responsibility that few could imagine shouldering. Tengku Maimun's tenure was exceptional, defined by immense pressure and complexity. Yet, by all accounts, she rose to the challenge with unwavering strength, integrity and competence. She adumbrated and decided cases with fairness, finesse and forthrightness. Alongside her Federal Court colleagues, she played a key role in elevating the judiciary's standing – upholding the principles of integrity, impartiality, transparency and public trust. Most significantly, under her leadership, the judiciary was able to regain and revitalise its role as the ultimate guardian of fundamental principles – inalienable rights, equality, private property and justice. As she relinquished her office, she did so having earned the deep respect and trust of the Malaysian people. Tengku Maimun will long be remembered for her stellar contributions to the nation and her steadfast commitment to upholding the rule of law. Under her leadership, the judiciary regained the stature, significance and symbolic authority entrusted to it by our Constitution. If Parliament and the executive – supported by a responsible and constructive fourth estate – can adopt a more positive and less divisive approach, delivering effective, impartial and principled governance that the nation urgently needs, then Malaysia can look forward to greater peace, unity, prosperity and stability. Let us remain hopeful, even in the face of the complex and often perilous realities of politics. Datuk M. Santhananaban
New Straits Times
5 hours ago
- New Straits Times
Acting Chief Justice calls for urgent Judicial Appointments Commission meeting
PETALING JAYA: Acting Chief Justice Datuk Seri Hasnah Hashim has called for an urgent meeting of the Judicial Appointments Commission (JAC), according to reports. A report by Free Malaysia Today (FMT), citing unnamed sources, stated that the meeting is scheduled for 3pm today (July 4), despite Section 13(2) of the JAC Act 2009 requiring at least 10 days' written notice to be given to commission members. Hasnah, who assumed her duties yesterday following the mandatory retirement of Tun Tengku Maimun Tuan Mat, now chairs the commission by virtue of her position as the nation's top judge. "The purpose of the urgent meeting is unclear," a source was quoted as saying in the report. The JAC, which is tasked with recommending candidates for appointments to the Federal Court, Court of Appeal and High Courts, currently has only seven members. This follows the recent retirements of Tengku Maimun and Court of Appeal president Tan Sri Abang Iskandar Abang Hashim. In addition to Hasnah, the current members include Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, who sits on the commission by virtue of his position. Other members, appointed as eminent persons by Prime Minister Datuk Seri Anwar Ibrahim, are former attorney-general Tan Sri Idrus Harun, retired Federal Court judge Datuk Seri Zainun Ali, former Sarawak attorney-general Datuk Talat Mahmood Abdul Rashid and Universiti Teknologi MARA (UiTM) legal adviser Hartini Saripan. Federal Court judge Datuk Seri Zabariah Yusof was also appointed to the commission in March by the prime minister. According to FMT, sources said a list of nominees for the country's top judicial posts, including the chief justice, president of the Court of Appeal, chief judge of Malaya and chief judge of Sabah and Sarawak had already been submitted to the Prime Minister's Office during Tengku Maimun's tenure. Under Article 122B(1) of the Federal Constitution, judicial appointments are made by the Yang di-Pertuan Agong, acting on the advice of the prime minister and after consulting the Conference of Rulers. The next meeting of the Conference of Rulers is scheduled to take place in two weeks.
Daily Express
6 hours ago
- Daily Express
Acting CJ Hasnah summons urgent 3pm JAC meeting, say sources
Acting CJ Hasnah summons urgent 3pm JAC meeting, say sources PETALING JAYA: Acting Chief Justice Hasnah Hashim has summoned an urgent meeting of the Judicial Appointments Commission (JAC), the body that proposes judges for appointment and elevation, according to sources. The sources said the meeting is scheduled for 3pm today, although Section 13(2) of the JAC Act 2009 stipulated that 10 days' written notice be given to commission members. Advertisement Hasnah, who took office yesterday, is the commission's chairman by virtue of her position as the nation's top judge. 'The purpose for meeting on an urgent basis is unclear,' one source told FMT. SPONSORED CONTENT Sections 13(4) and (5) state that the quorum for the meeting is seven, but in the event of the disqualification of members, the quorum shall be reduced to a minimum of five members. Currently, only seven members remain on the JAC following the mandatory retirement of former chief justice Tengku Maimun Tuan Mat and Court of Appeal President Abang Iskandar Abang Hashim earlier this week. Advertisement Hasnah, in her capacity as Chief Judge of Malaya (CJM) and Abdul Rahman Sebli as Chief Judge of Sabah and Sarawak (CJSS) are JAC members by virtue of their positions in the judiciary. Former attorney-general Idrus Harun, retired Federal Court judge Zainun Ali, former Sarawak attorney-general Talat Mahmood Abdul Rashid and UiTM legal adviser Hartini Saripan were appointed last year as eminent persons by Prime Minister Anwar Ibrahim. Advertisement Federal Court Judge Zabariah Yusof was appointed to the JAC in March by the prime minister. The JAC is tasked with selecting suitable candidates to sit as judges in the superior courts – the Federal Court, the Court of Appeal, and the High Courts. Sources said a list of candidates for the posts of chief justice, Court of Appeal president, CJM, and CJSS have previously been submitted to the Prime Minister's Office during the tenure of Tengku Maimun. Article 122B(1) of the Federal Constitution provides that the appointments are made by the Yang di-Pertuan Agong, acting on the advice of the prime minister, and after consulting the Conference of Rulers. The next conference is scheduled in two weeks.
