Rally at Dataran Merdeka - a violation or a right?

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As we count down to the TangkapMO1 rally tomorrow, questions still linger as to whether their choice of venue, Dataran Merdeka, is appropriate.

Much like last year's Bersih 4 protest, detractors say that having a rally at the square, especially so close to Merdeka Day on Aug 31, is disrespectful.

Academician Syed Farid al-Attas however said Dataran Merdeka is a great place to hold a rally.

"Dataran Merdeka is appropriate to hold any kind of rally, especially if it is about the lofty ideals that Malaysians stand for," Syed Farid told Malaysiakini.

The son of Gerakan co-founder Syed Hussein al-Attas added that a rally would not desecrate a historic site like Dataran Merdeka, unless it is for divisive purposes, such as a racist protest which calls for the marginalisation of other races.

The TangkapMO1 rally tomorrow is being organised by students to pressure authorities into taking action against Malaysian Official 1, the mystery figure who the US Department of Justice claim bagged US$731 million allegedly siphoned from 1MDB.

A faction of the red shirts pro-Malay rights group is also planning a counter rally dubbed 'Aku Melayu' (I'm a Malay), which despite its name, has been described by its organisers as a protest fighting for all Malaysians.

National Professors Council head of history, heritage, and sociocultural studies, Teo Kok Seong, agreed that Dataran Merdeka was a strategic site to hold a protest.

However for Teo, the timing for the TangkapMO1 rally just isn't right, as a protest may disrupt preparations for the Merdeka Day parade.

"The location of the protest is secondary to the message of the protest. They have suggested an alternative site, at Padang Merbok, they should take that up," the Universiti Kebangsaan Malaysia said.

Meanwhile, Tourism and Culture Minister Nazri Abdul Aziz (photo) has argued that Dataran Merdeka was private property, and thus rally organisers should look for another location if City Hall (DBKL) doesn't give them permission.

Local government expert Derek Fernandez however disagreed with this point of view, saying DBKL didn't own Dataran Merdeka, but merely has jurisdiction over it.

"It is a public place, the public has a right to access that place. But they have to comply with regulations," Derek said.

Mayor can order Dataran to be closed

What regulations you might ask? Well DBKL, or rather the Kuala Lumpur mayor's guardianship over Dataran Merdeka is enshrined by the Local Government (Dataran Merdeka) (Federal Territories) By-laws 1992.

By-law 8 states that no one can hold activities including a public address, demonstration, assembly, meeting, gathering for any campaign, political, religious or social activity without a permit from the mayor.

The mayor or officers authorised by him can also order Dataran Merdeka to be closed if he thinks it necessary or if he believes there may be a nuisance that may cause disaster or danger which affects public safety.

They can then order anyone in the square to leave, and anyone who refuses shall be guilty of an offence, and may, by reasonable force be removed from the location.

The by-laws also empower the mayor to seize any goods brought into Dataran, and if these goods are disposed, the owner can't claim for damages.

By-law 15 of the by-laws further states that any violation is an offence that is punishable with a fine of not more than RM2,000 or a maximum one year in jail or both.

As you can see the by-laws give the mayor a lot of authority over Dataran Merdeka. In fact before the by-laws were amended on July 14 last year, one must get the mayor's permission to even eat at the square.

Lawyer Syahredzan Johan however said the mayor's discretion is not unfettered, and can be challenged in court.He added, if the mayor does not approve the rally planned for this Saturday, he should give an explanation, even if he is not required to do so by the by-law.

Syahredzan called for the by-law to be amended so that authority over Dataran Merdeka does not just rest on one individual.

"This is essentially the heritage of Malaysians, and do you want a single person in charge.

"Dataran Merdeka belongs to all Malaysians. DBKL can be seen as a guardian, but not as the owner of the square," he added. -Mkini