Home Minister Saifuddin Nasution Ismail’s remarks on 16 July that the Federal Court’s decision to strike down Section 9(5) of the Peaceful Assembly Act (PAA) weakens police capacity to manage assemblies are concerning.
The constitutional right to assemble cannot – and should not – be made contingent on police convenience.
Saifuddin’s claim that police must now “mobilise all available police resources just to prepare for unknown scenarios” for assemblies misconstrues the court’s decision and overstates the operational impact.
Spontaneous or urgent assemblies are part and parcel of democratic life. Police forces are expected to plan adaptively, respond proportionately and rely on discretion and intelligence – not blanket deployments.
The absence of criminal penalties for non-notification does not eliminate the possibility of prior notice altogether. Suggesting otherwise implies a false choice between facilitation and chaos, and undermines public confidence in the police’s ability to facilitate assemblies efficiently while upholding constitutional freedoms.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara (ALIRAN), Maybank a/c 507246118995 or CIMB a/c 8004240948
- Make a pledge or schedule an auto donation to Aliran every month or every quarter
- Become an Aliran member
The track record of Section 9(5) further undermines its necessity. Between 2020 and 2024, only four were charged under Section 9(5) out of 636 investigated – highlighting its limited prosecutorial value and waste of enforcement resources.
Section 9(1) has also been repeatedly invoked to investigate organisers even when notice is properly given – particularly for assemblies addressing corruption or human rights violations.
This pattern of selective enforcement fosters a climate of fear that deters legitimate expression and diverts police efforts away from their core duty to facilitate – not restrict – peaceful assemblies.
Saifuddin’s statement that organisers are still required to obtain permission from venue owners contradicts Prime Minister Anwar Ibrahim’s announcement in February 2025 that a moratorium on Section 11 investigations was in effect — a discrepancy Suaram had already flagged in our 2 July statement.
The government must urgently clarify its position on the enforcement of Section 11, as continued ambiguity risks misleading organisers and deterring legitimate assemblies.
We urge the government to engage civil society in transparent consultations -not only on the content of the upcoming PAA amendments but also on improving police facilitation practices in line with constitutional obligations and operational realities.
This is an opportunity to build institutional capacity for enabling peaceful expression, while reducing reliance on punitive measures. – Suaram
Azura Nasron 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
