Govt will issue moratorium against criminalising failure to give notice for assemblies
This comes after the Federal Court declared it unconstitutional to criminalise the failure to notify the police five days in advance before holding a peaceful assembly.
In a statement, Home Minister Datuk Seri Saifuddin Nasution Ismail said Prime Minister Datuk Seri Anwar Ibrahim had announced the cabinet's approval on the matter as a stepping stone towards wholly reforming laws on the right to assembly.
"The Home Ministry will also table the amendment to Section 11 of the Peaceful Assemblies Act in the next parliamentary sitting," he said.
He added that the ministry takes note of the federal court's judgment and will assess the decision for appropriate action.
"This includes considering the suggestion to amend the affected laws to be consistent with the Federal Constitution and in line with the judgment of the highest court in the nation," he said.
Earlier today, the Federal Court declared Section 9(5) of the act which criminalises the failure to notify the police five days in advance before holding a peaceful assembly as unconstitutional.
Delivering the unanimous decision by a five-member bench, Chief Justice Tengku Maimun Tuan Mat said Section 9(5) of the Peaceful Assembly Act 2012 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.
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