Cabinet to inform Attorney-General's Chambers regarding move to amend Peaceful Assembly Act

PUTRAJAYA: The Cabinet decided today that amendments will be made to the Peaceful Assembly Act 2012, and that this decision will be conveyed to the Attorney-General’s Chambers.

Speaking during a media briefing following the Cabinet meeting, Communications Minister Datuk Fahmi Fadzil stated that the Cabinet had reached a policy decision to amend the Act last week.

“Today, the Cabinet decided that this should be conveyed to the Attorney-General’s Chambers for discussion. Given that the government has agreed to amend this Act, (the AGC must consider) whether it remains appropriate to proceed with the judicial review,” said Ahmad Fahmi.

“Consequently, follow-up action will be taken by the Attorney-General’s Chambers. The basis for this is the government’s decision, in principle, to amend the Act.”

Last July, the Federal Court had in the case involving Malaysian United Democratic Alliance’s (Muda) former secretary-general Amir Hariri Abd Hadi ruled that Section 9(5) of the Act is unconstitutional. The court found that the section violated Article 10 of the Federal Constitution, which guarantees fundamental liberties—specifically the freedom of speech, association, and peaceful assembly in Malaysia.

However, it was recently reported that the Attorney-General’s Chambers had sought a judicial review of the Federal Court’s decision.

Yesterday, former Bersih activist Mandeep Singh urged the authorities to withdraw its application to review the ruling. In a Facebook post, Mandeep reminded Prime Minister Datuk Seri Anwar Ibrahim that he himself was once charged under the Peaceful Assembly Act for exercising his right to assemble.

PKR Youth, however, defended the move by the Attorney-General’s Chambers. Its legal and public complaints bureau chief, Khairul Naim Rafidi said that the application should not be perceived as an effort to restart a prosecution or as government interference.