Government spokesperson Fahmi Fadzil today revealed there was a cabinet decision to amend the Peaceful Assembly Act (PAA) 2012.
This was in relation to the Attorney-General’s Chambers’ move to seek a review of a Federal Court ruling that declared Section 9(5) of the Act unconstitutional.
Speaking at a weekly post-cabinet press conference in Putrajaya, Fahmi said the amendments were agreed to in policy last week, but today’s discussion was based on the AGC’s move as revealed by Mandiri executive director Amir Hariri Abdul Hadi.
“Today, the cabinet discussed a review decision (by the AGC) related to Amir’s case concerning the constitutionality of certain sections in the Act.
“Last week, the cabinet made a policy decision to amend the Act. Therefore, today the cabinet decided that the information be conveyed to the Attorney-General’s Chambers (AGC) for further discussion,” said the communications minister.
Yesterday, Amir questioned Prime Minister Anwar Ibrahim’s commitment to reform after he was notified by the AGC of the review application under Rule 137 of the Rules of the Federal Court 1995 and that the prosecution against him under the PAA would be revived.
Rule 137 states that the top court may review past decisions to prevent any injustice or abuse of process.
Elaborating, Fahmi said, “Because the cabinet has agreed to amend the PAA, is it appropriate to proceed with the judicial review of the decision made in the Amir case?”
“This is what has been decided (today), and the follow-up action will be taken by the AGC.
“But the basis is the government’s policy decision to amend the PAA,” he stressed.
Amendments similar to 2025 bill
Fahmi did not elaborate on the proposed amendments agreed to by the cabinet last week.
However, Malaysiakini learnt that the proposed amendments are similar to those agreed in April last year, as stated by Anwar in the Dewan Rakyat, which included removing the requirement for rally organisers to obtain permission from a venue owner.
At the time, Fahmi similarly said during a post-cabinet press conference that the Peaceful Assembly (Amendment) Bill 2025 was expected to be tabled in Parliament during the second or third sitting last year.
Amir, a former Muda secretary-general, was charged under the PAA on Aug 26, 2022, in connection with organising a rally held earlier the same month, and has since been acquitted.
In 2024, he obtained the High Court’s permission to challenge the PAA provision in the Federal Court, and the apex court declared the provision unconstitutional and no longer valid last July.
‘Respect Federal Court’s decision’
Bersih chairperson Faisal Aziz urged the government to respect the decision made by the Federal Court.
He added that if such reviews become a trend, it would seem like an attempt to undermine the judiciary and indirectly affect the doctrine of separation of powers.
“I urge the government, particularly the Home Ministry, to tell us when the law will be amended (to meet the court’s decision).
“Several meetings and discussions had been held, but when will the draft bill be tabled?” he asked on X. - Mkini
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