Lawyers For Liberty (LFL) refers to the recent statement issued by the Attorney-General’s Chambers warning civil servants against joining the Turun Anwar rally last Saturday, and alleging that doing so would be contrary to subregulation 20(3) of the Public Officers (Appointment, Promotion, and Termination of Service) Regulations 2012.
It is appalling and unacceptable that the chambers has issued a statement that is blatantly contrary to the Constitution and misled the public on the application of Articles 10(1)(a) and (b) of the Federal Constitution. These provisions guarantee the freedom of expression and right to peacefully assemble, and they cannot be extinguished by mere regulations, general orders, letters of undertaking or circulars.
Article 10(2)(a) and (b) allows certain restrictions within specified categories and only through laws passed by Parliament.
The Public Officers (Appointment, Promotion, and Termination of Service) Regulations 2012 and other documents relied on by the Attorney General’s Chambers do not fall within the permitted restrictions under Articles 10(2)(a) and (b), nor are they laws passed by Parliament. These regulations have no legal authority to restrict the public servants’ right to free speech and peaceful assembly.
In other words, while saying that the freedom to assemble is ‘not absolute’, the chambers goes on to paint a false picture that the chief secretary of the government can restrict the right by administrative regulations. It’s unlawful for him to do so.
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Has the attorney general forgotten that the Constitution is the supreme law of the land pursuant to Article 4(1), and that it cannot be defeated by any government regulations or ancillary directives?
The attorney general should respect and uphold the provisions of the Federal Constitution. It’s not the job of the attorney general to issue press statements defending the interests of the ruling “Madani” (civil and trustworthy) political coalition, against whom the rally was targeted.
Why then has the Attorney General’s Chambers issued this statement, knowing full well that it is utterly wrong in law and unconstitutional? Who instructed the chamgers to make this statement to deter public servants from exercising their constitutionally guaranteed rights?
The Madani government, led by Anwar Ibrahim, are no strangers to protest as a form of democratic expression and regularly exercised this right themselves when they were in the opposition. Yet, they now utilise every arsenal available to them to scare anyone else from using that very same right to protest.
LFL expresses the strongest condemnation of the illegal and unconstitutional threats against public servants from participating in the rally last Saturday. It was their right to do so if they wish, and LFL confirms that it is willing to defend any public servant who is subjected to any form of action for exercising his or her constitutionally guaranteed right.
Zaid Malek is the director of Lawyers For Liberty.
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
