Bersih, Suaram want rally law amendments expedited
Bersih chairperson Muhammad Faisal Abdul Aziz said the Federal Court's declaration that it is unconstitutional to criminalise failure to give notice to the authorities would open up Malaysia's democratic space.
"It's a commendable decision by the court, given the provision is punitive and exceeds the fundamental liberties as enshrined in our Constitution.
"We agree that every action, including peaceful rallies, needs to be regulated, but it must be proportionate.
"Bersih urges the government to expedite the amendment of the act to give more space for the people to hold peaceful rallies."
Suaram executive director Azura Nasron called on the government to fully repeal Section 9(5) of the act in the Parliament session in October.
Azura added: "We urge the police to incorporate clear, rights-based guidelines on facilitating peaceful assemblies into its human rights training module developed jointly with the Human Rights Commission of Malaysia (Suha-kam)."
She said Section 9(5) of the act was consistently used as a tool of intimidation against assembly organisers, especially human rights defenders.
Suaram was investigated 13 times over the notice requirement in Section 9(1) from 2020 to 2024, but was never charged.
On Tuesday, the Federal Court declared it unconstitutional to criminalise the failure to notify police five days before a peaceful assembly.
In delivering the unanimous decision by a five-member bench, Chief Justice Tun Tengku Maimun Tuan Mat said Section 9(5) of the act imposes a penalty that goes beyond what is allowed under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly and association.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Straits Times
39 minutes 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
2 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.
Malaysiakini
3 hours ago
- Malaysiakini
Interfaith council queries Anwar over non-extension of judges' tenure
An interfaith group has questioned whether Prime Minister Anwar Ibrahim had referred the tenure extensions of three top judges to the Yang di-Pertuan Agong, as stipulated under Article 125 of the Federal Constitution. In a statement, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) cited Anwar's recent remarks that procedures must be followed when judges reach retirement age.
