Suara Rakyat Malaysia (Suaram) is deeply concerned by Kuala Lumpur City Hall’s statement that all public activities at Dataran Merdeka (Independence Square) require a “permit” from the mayor and “approval” from the police, citing by-law 8 of the 1992 Dataran Merdeka By-Laws and Section 63 of the Local Government Act 1976.
These claims raise serious legal and constitutional concerns, particularly in light of the moratorium on Section 11 of the Peaceful Assembly Act (PAA) and the guaranteed right to peaceful assembly under Article 10 of the Federal Constitution.
City hall’s authority to manage Dataran Merdeka – derived from Section 63 of the Local Government Act and exercised through by-laws – is not absolute and must be exercised within the limits of higher laws.
Under Article 75 of the Federal Constitution, any state or local law that conflicts with federal legislation is void to the extent of the inconsistency.
The PAA, as federal law, governs public assemblies and only requires organisers to notify the police, not to obtain “prior approval”.
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Any city hall regulation requiring “prior approval” must therefore be interpreted in harmony with the PAA: while the city hall may impose reasonable conditions as caretaker of the space, it cannot prohibit an assembly solely because it lacks a “permit”.
With the prime minister’s announcement of a moratorium on Section 11 of the PAA in February 2025 – which suspended the requirement for consent from the “owner or occupier of the place of assembly” – the city hall has no legal basis to reintroduce such a requirement through by-laws or the Local Government Act. Attempts to do so risk undermining the primacy of federal law and violating the constitutional right to peaceful assembly.
Furthermore, framing civic activities through the language of ‘approval’ reflects a regressive approach that contradicts the post-2012 shift towards facilitation under the PAA.
This narrative risks normalising bureaucratic barriers that restrict the exercise of the constitutional right to peaceful assembly in practice and civic participation in general.
Local authorities must act as facilitators of civic engagement, not gatekeepers against it.
Suaram urges the Kuala Lumpur City Hall and all local councils to bring their by-laws and enforcement practices in line with the moratorium on Section 11 and the facilitative framework of the PAA.
We also call on the federal government to initiate a comprehensive review of federal and local laws that contradict the spirit and letter of the PAA – including Sections 141 to 143 and 145 of the Penal Code, as well as overlapping restrictions under the Protected Areas and Protected Places Act.
Amendments to both these acts should be especially considered to ensure that the right to organise and participate in a peaceful assembly is not denied for assemblies held near government buildings and ministries. – Suaram
Sevan Doraisamy is the executive director of Suaram.
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
