Malaysia Cabinet Orders Review of Peaceful Assembly Act Constitutional Challenge
In a significant development concerning Malaysia's legal framework for public gatherings, the Unity Government has directed the Attorney General's Cha...
In a significant development concerning Malaysia's legal framework for public gatherings, the Unity Government has directed the Attorney General's Chambers to re-evaluate the necessity of pursuing a judicial review regarding the constitutionality of provisions within the Peaceful Assembly Act 2012. This announcement was made by Government Spokesperson, Dato' Fahmi, following a cabinet meeting held in Kuala Lumpur.
Dato' Fahmi clarified that the cabinet had previously reached a policy decision last week to amend the contentious legislation. During today's session, ministers concurred to formally refer the matter to the Attorney General's Chambers. The primary objective is to deliberate whether, in light of the proposed amendments to the Act, it remains prudent to proceed with legal action challenging its constitutionality in court.
"Given that we have agreed to amend the Peaceful Assembly Act, the cabinet has decided to refer this to the Attorney General's Chambers to discuss whether we should continue with the judicial review application in the Amir case," stated Dato' Fahmi during a press conference.
This directive stems from a landmark Federal Court ruling on July 1, 2025, which declared Section 9(5) of the Peaceful Assembly Act 2012 unconstitutional. This specific provision had criminalized the failure of assembly organizers to notify the police at least five days prior to an event. The court's decision underscored fundamental rights to freedom of assembly, aligning with constitutional guarantees under Article 10 of the Federal Constitution.
The case, commonly referred to as the "Amir case," involved a legal challenge against the stringent notification requirement, arguing that it imposed undue restrictions on the right to peaceful assembly. The Federal Court's verdict was hailed by civil society groups and human rights advocates as a victory for democratic freedoms, prompting calls for comprehensive legislative reform.
In response, the Unity Government has embarked on a two-pronged approach: initiating amendments to the Peaceful Assembly Act to align it with constitutional principles and judicial interpretations, while simultaneously evaluating the ongoing legal proceedings. The cabinet's decision to seek the Attorney General's counsel reflects a measured strategy to ensure that governmental actions are consistent with both legal obligations and policy objectives.
Legal experts suggest that the review by the Attorney General's Chambers will involve a thorough analysis of whether pursuing a judicial review remains in the public interest, especially when legislative amendments are already underway. Factors such as judicial economy, the potential impact on similar cases, and the symbolic importance of the government respecting court rulings are likely to be considered.
This move is part of broader efforts by the Unity Government to reform laws perceived as restrictive of civil liberties, following commitments made during its administration. The Peaceful Assembly Act, enacted in 2012, has faced criticism for provisions that critics argue stifle dissent and impede the right to protest. Amendments are expected to address these concerns, potentially easing notification requirements and reducing penalties for non-compliance.
Dato' Fahmi emphasized that the government is committed to upholding the rule of law and protecting citizens' constitutional rights. "Our focus is on ensuring that our laws are fair, just, and in line with the Federal Constitution. The decision to amend the Act and review the legal challenge demonstrates our dedication to this principle," he added.
Stakeholders, including opposition parties, civil society organizations, and legal associations, have welcomed the cabinet's decision. Many view it as a positive step towards enhancing democratic space in Malaysia. However, some caution that the effectiveness of these changes will depend on the specifics of the amendments and their implementation.
As the Attorney General's Chambers undertakes its review, all eyes will be on the subsequent recommendations and the government's response. The outcome could set a precedent for how Malaysia balances state regulation with fundamental freedoms, shaping the landscape for public assembly and expression in the years to come.
In conclusion, the Unity Government's directive to re-evaluate the judicial review application marks a pivotal moment in Malaysia's legal and political evolution. By aligning legislative reform with judicial processes, the administration aims to foster a more inclusive and rights-respecting society, reinforcing the nation's democratic foundations amidst ongoing societal transformations.
