Tengku Maimun S Precious Farewell Gift To Malaysians Landmark Ruling On The Right To Dissent

---

 
Editor’s Note: Rightly condensed by Boo Su-Lyn who is the editor-in-chief of CodeBlue, a website which seeks to promote healthcare as a human right:

“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.”

THE Federal Court had on yesterday (July 1) delivered one of the most important rulings on peaceful assembly in Malaysia.
Malaysian souvenirs
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).”
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  MMKtT.
- Focus Malaysia.

---