KUALA LUMPUR, Malaysia , 4 July 2025 – In a landmark decision, the Federal Court declared Section 9(5) of the Peaceful Assembly Act 2012 (APA) unconstitutional, ordering its removal from the Act, thereby strengthening the right of Malaysians to assemble peacefully.
The ruling stems from the case of activist Amir Hadi, who was charged for organizing a protest against the Littoral Combat Ship (LCS) scandal. Setiawangsa Member of Parliament, Nik Nazmi Nik Ahmad, who spoke at the protest, hailed the decision as consistent with the Federal Constitution and the foundation of Malaysia’s democracy.
“This ruling is a significant victory for freedom of assembly and corrects longstanding injustices,” Nik Nazmi said in an official statement.
Nik Nazmi himself was charged under Section 9(5) in 2013 for organizing the Black 505 Rally. In 2014, the Court of Appeal ruled the provision unconstitutional and acquitted him. He also won a lawsuit against the Malaysian Government and the then-Attorney General, Abdul Gani Patail, receiving RM230,000 in damages.
“After more than a decade, justice has finally been served through the nation’s highest court,” he stated.
The Federal Court’s decision reaffirms the Court of Appeal’s stance, emphasizing that citizens should not be punished solely for failing to notify the police as required under Section 9(1) of the APA. “The right to assemble is a fundamental right, not something to be penalized over technicalities,” Nik Nazmi stressed.
He welcomed the Home Minister’s commitment to amend Section 9(5) and propose related legislative changes in the upcoming Parliament session. Nik Nazmi urged authorities to respect and facilitate the exercise of citizens’ rights, calling for oppressive laws to be reviewed to align with the spirit of reform and human rights principles.
Congratulating Amir Hadi, as well as lawyers, activists, and NGOs who championed freedom of assembly, Nik Nazmi said, “This is a victory for Amir and all Malaysians.”
He underscored the importance of an independent judiciary as a pillar of democracy, urging its role be upheld. The ruling is expected to catalyze legal reforms to ensure the protection of citizens’ rights.