Yes, you need DBKL’s consent to rally in Dataran Merdeka, experts say

KUALA LUMPUR, April 15 — Although Section 9 of the Peaceful Assemblies Act (PAA) 2012 only sets out that a notification to the police is needed to hold public assemblies, legal...

A public space, such as Dataran Merdeka , is owned by the Kuala Lumpur City Hall and holding rallies in a place owned by DBKL would require its consent beforehand. — Picture by Ahmad ZamzahuriKUALA LUMPUR, April 15 — Although Section 9 of the Peaceful Assemblies Act 2012 only sets out that a notification to the police is needed to hold public assemblies, legal experts have said that the process is more complicated than it seems.

The commissioner also elaborated that the police may ask organisers to seek permission from DBKL before assembling in Dataran Merdeka.However, for other public places such as roads, or a place that is open to or used by the public as of right, or for the time being, DBKL still has jurisdiction regardless of its ownership status.

Legal experts agreed that DBKL is considered as the owner or occupier of Dataran Merdeka. — Picture by Devan ManuelBenjamin further explained that under Section 15 of the PAA, the police have the power to impose conditions on the organiser of an assembly. “As long as it is private property, consent from the owner is required under the law. A simple example would be any companies doing a product launch or exhibition in a mall,” Benjamin agreed.The Suhakam commissioner said that assemblies on the pavement do not require the consent of the owner of private properties, and the public interest litigator asserted that if the entrance is on public land, then consent may not be necessary.

Wan Ahmad Fauzi also said that the law should be able to balance the need to maintain public safety and the right to assembly.

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