Why Must The Public Need Approval To Use A Public Space

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IF I want to go to Dataran Merdeka or stand outside of Sogo, I should be able to do it without needing anyone’s permission.
If I want to open a stall or reserve a space in these areas for my private use, then sure, maybe I need to seek the approval of the authorities who serve as the guardians or administrators of these venues to check whether my private needs will conflict with the function of these places as a public space.
However, if I were to merely wish to go to these places as a member of the public, then that is my right, and I don’t need anyone’s approval to exercise my rights as a member of the public.
For that same reason, if somebody wants to organise a peaceful rally in the places, where any member of the public are free to join the rally they organise, the organisers need to seek the approval of anybody before they organise it.
If the organisers of these rallies wish to cordon off certain spaces or set up a fixed stage or platform then yes, perhaps they should ask for permission from the bodies that manage these spaces to do so.
If the authorities do not believe that a rally will be peaceful, then yes, that is also grounds to prohibit a rally from proceeding.
But if all that the organisers of a rally are seeking to do is ask people to come to certain places at a certain date and time as members of the public, then there is no reason for them to seek permission just to invite the public to come to a public space for a public event as the public.
Whatever issues that the government has with those who wish to organise a rally in front of Soho or Dataran Merdeka, it cannot be grounds for it to infringe the rights of the public.
Home Minister Datuk Seri Saifuddin Nasution Ismail might have his reservations about the planned anti-corruption rally, dubbed Himpunan Rakyat Benci Rasuah, to be held in Kuala Lumpur on January 25.
However, his personal reservations is not a ground to place obstacles on the rally, when the rally organisers are merely organising a public rally in a public space where any member of the public is free to join.
When asked to comment on the need for consent from the premises owner if the rally was held in a public space, Saifuddin’s reply on why the public needs to seek consent to use a public space is unconvincing.
He supposedly said every premise has an owner, including Dataran Merdeka, and that if the organisers wanted to use the space for a rally, they would need permission from the Kuala Lumpur City Hall.
His view is likely without insight for the municipal council and City Hall that he cited are likely only the guardians or administrators of Padang Merbok or Dataran Merdeka and not their actual owners.
They are not the owners because the municipal council and City Hall can’t sell Padang Merbok or Dataran Merdeka. They cannot sell these public venues because it is the public that is the owner of these public spaces.
Saifuddin saying the public must obtain permission from Sogo to use the space outside the building also raises all sorts of unnecessary questions.
Why should we obtain the permission of Sogo as if Sogo owns the space outside of its building? Can Sogo sell the space outside of its building? Does every store or building own the space outside of it?
Does the public own nothing in the country? Must we always ask the permission of somebody to do anything as if nothing belongs to us?
Just like I don’t need anyone’s permission to step into my own house, the public also shouldn’t be made to ask anyone’s permission to step into the spaces that the public owns.
Sure, if the authorities believe that you are plotting to do evil or conducting illegal activities in your house, they can prevent you from doing it, but otherwise, they have no right to stop you from using what is yours.
Also, it is not our due to prove to the authorities that we wish to use what is ours in a legitimate and peaceful manner. It is the authorities that have to prove otherwise to stop us.
If the authorities have some reason to believe why the planned rally on Jan 25 might not be peaceful or might be used to carry out an illegal or harmful intent, they should say so.
If they can’t say so, then they should stand aside and leave it to the public to decide whether they wish to join the Jan 25 rally or not. 
Nehru Sathiamoorthy is a roving tutor who loves politics, philosophy and psychology.
The views expressed are solely of the author and do not necessarily reflect those of  MMKtT.
- Focus Malaysia.

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