IN a significant victory for civil liberties in Malaysia, the Federal Court has declared Section 9(5) of the Peaceful Assembly Act 2012 (APA) unconstitutional and ordered that it be removed from the statute.
Setiawangsa MP Nik Nazmi Nik Ahmad, in a post on X today said the judgement, which arose from proceedings involving political activist Amir Hadi for organising a protest against the Littoral Combat Ship (LCS) scandal, has been welcomed by several rights advocates and politicians, including a fellow protest participant and speaker at the event.
“This decision is not only consistent with the spirit of the Federal Constitution, which guarantees the right of the people to assemble peacefully, but also strengthens the democratic foundations upheld by Malaysians,” he said.
Nik Nazmi recalled his own legal battle under the same provision after his role in organising the Black 505 rally in 2013. In 2014, the Court of Appeal ruled that Section 9(5) was unconstitutional, acquitting him of charges.
Despite that decision, he continued to face repeated prosecutions under the same law. Eventually, he succeeded in a civil suit against the Malaysian government and then Attorney General Abdul Gani Patail, and was awarded RM230,000 in damages.
“Only now—more than a decade later—has that injustice finally been redeemed through the highest court’s ruling,” he remarked.
The Federal Court’s decision reinforces the earlier position of the Court of Appeal and sends a strong message: that citizens should not be penalised solely for failing to provide police with advance notice under Section 9(1) of the APA.
“The right to assemble is a fundamental right and should not be punished on the basis of mere technicality.”
He expressed hope that the ruling would mark a turning point for government institutions and law enforcement agencies to respect, protect, and facilitate the exercise of civil liberties.
He also viewed positively the preliminary statement by the Home Minister indicating that amendments to Section 9(5) and related legal provisions would be brought to Parliament in the coming session.
“It also serves as a vital reminder that laws which suppress the voices of the people must be reviewed and amended to reflect the spirit of reform and human rights principles.”
He extended congratulations to all who have steadfastly championed freedom of assembly — including lawyers, activists, civil society organisations, and the many unsung heroes who have tirelessly sought justice.
“To saudara Amir Hadi, congratulations on this victory. It is your victory, and a victory for all Malaysians.”
“This case demonstrates the critical importance of an independent judiciary, which must not be taken for granted as a pillar of parliamentary democracy in Malaysia.” - July 4, 2025
