Kota Kinabalu: Organisers of the Perhimpunan Aman Gempur Rasuah Sabah 2.0 did not require any police permit but must abide by the stipulated conditions of the rally, said Sabah Police Commissioner Datuk Jauteh Dikun.
The rally, organised by Suara Mahasiswa Universiti Malaysia Sabah (UMS) over the weekend, resulted in police reports and investigations after the organisers failed to comply with the conditions.
“We received six reports related to incidents during the rally.
window.googletag = window.googletag || {cmd: []};googletag.cmd.push(function() {googletag.defineSlot('/22826383987/dailyexpress_inline', [1, 1], 'gpt-passback').addService(googletag.pubads());googletag.enableServices();googletag.display('gpt-passback');});“Three investigation papers have been opened involving nine offences, including sedition, burning materials in public places, bringing dangerous materials like fuel to the rally and issues related to race, religion and royalty (3R),” Jauteh told a media conference at the State Police Contingent Headquarters, Monday.
He said police have begun calling individuals to provide statements as part of their investigation.
“There is no approval but rather feedback from police on the notification made by the organisers,” he said, pointing out the legal framework governing peaceful assemblies while addressing misconceptions about police approval.
He said under the Peaceful Assembly Act 2012, organisers must notify police at least 10 days before holding any assembly, providing details including the applicant’s name, route to be taken and purpose of the assembly.
“The law does not require a permit or licence. The notification is simply to inform authorities, not seek permission. Police have five days to respond with feedback,” he said.
“In the case of Gempur Rasuah Sabah 2.0, the police took the initiative to issue feedback regarding the notification. The purpose of issuing the feedback is to inform the organisers to comply with the conditions or restrictions,” he added.
He said the Kota Kinabalu District Police Chief had set 15 conditions for the organisers to comply with.
However, police investigations found that the organisers failed to meet the conditions.
Asked about potential charges, he said investigations would proceed under various laws, including the Penal Code and Sedition Act.
Addressing claims that the students had received special approval from police, Jauteh said:
“I think the students did not convey the truth. They said they received extraordinary approval from the police.
“Even though lawyers were present with the students, they should have understood what the police had actually provided under the Peaceful Assembly Act, which was feedback with conditions, not approval.”
Asked about a counter-rally group that also gathered, Jauteh said they were also under investigation.
“We have not said they violated the law. But we are investigating police reports,” he said.
Jauteh said the students could have chosen alternative methods to voice their concerns.
“If they want to express grievances, they could have prepared letters and meet in groups with relevant parties to state their intentions and call reporters to convey what they want to convey,” he said.
The rally coincided with the Head of State’s Birthday Ceremony, though Jauteh noted that under Section 4 of the Peaceful Assembly Act, any Malaysian citizen above 15 years old can participate in assemblies.
“Let the public know. There is no approval. No permit in this matter. There is no such thing as approval,” he said, reiterating that police response was merely feedback on the notification along with conditions for public order and safety.
For the record, the Peaceful Assembly Act 2012 removed the previous requirement for police permits that existed under Section 27 of the Police Act 1967. Under current law, no permit or licence is required to hold a peaceful assembly. The notification system is designed to facilitate the right to peaceful assembly rather than restrict it.
Police cannot outright ban or reject an assembly notification. They can only impose reasonable restrictions on time, place and manner for security and public order purposes.
Even failure to notify police, while potentially incurring a fine of up to RM10,000, does not make an assembly illegal or unlawful.
The Act emphasises that peaceful assemblies cannot be deemed illegal merely due to lack of permits or notices, reflecting a constitutional shift towards protecting citizens’ right to peaceful assembly.