JANUARY 31 — Two rallies in three days.
The first was the anti-corruption rally on Saturday (Jan 25). The second was the paddy farmers rally on Monday (Jan 27).
Both concluded peacefully, with no untoward incidents.
Prime Minister Datuk Seri Anwar Ibrahim and his ministers – once vocal advocates of the right to protest – came under criticism from civil society groups and their own supporters for initially allegedly trying to “block” the first rally.
It’s easy to blame the authorities but the scheme of things under the Peaceful Assembly Act 2012 is straightforward and the requirements are clear.
An organiser must, among others, notify the Officer in charge of the police District (OCPD) in which an assembly is to be held, five days before the date of the assembly and obtain the consent of the owner or occupier of the place of assembly for it to be used for the purpose of the assembly.
An assembly means an intentional and temporary assembly of a number of persons in a public place, whether or not the assembly is at a particular place or moving.
A public place means (a) a road; (b) a place open to or used by the public as of right; or (c) a place for the time being open to or used by the public, whether or not (i) the place is ordinarily open to or used by the public; (ii) by the express or implied consent of the owner or occupier; or (iii) on payment of money.
Under (c)(ii), a place for the time being open to or used by the public is a public place if there is express or implied consent of the owner or occupier.
Dataran Merdeka is such a place as under a by-law known as the Local Government (Dataran Merdeka) (Federal Territory of Kuala Lumpur) By-Laws 1992 [PU(A) 304/1992], no person shall, unless exempted, hold any public address, demonstration, assembly, meeting, gathering or any other activity in Dataran Merdeka a permit from the Commissioner – that is, the Datuk Bandar Kuala Lumpur (DBKL).
Accordingly, any organiser who wishes to use Dataran Merdeka as a place of assembly must apply in writing for a permit to the DBKL.
An organiser has duties under the law. So too the police, and the participants.
As the saying goes: it takes two to tango. For a peaceful assembly, it takes three to make it lawful.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.