Press Statement
Response to the Attorney-General’s warning to public servants against joining the mass rally on Saturday: Civil service regulations cannot prevail over rights guaranteed in Federal Constitution
24 July 2025
We refer to statement issued by the Attorney-General’s Chambers yesterday warning civil servants against joining the “Turun Anwar” rally this Saturday, and alleging that doing so would be contrary to subregulation 20(3) of the Public Officers (Appointment, Promotion, and Termination of Service) Regulations 2012.
It is appalling and unacceptable that the AGC has issued a statement that is blatantly contrary to the Constitution and misled the public on the application of Articles 10(1)(a) and (b) of the Federal Constitution. These provisions guarantee the freedom of expression and right to peacefully assemble, and they cannot be extinguished by mere regulations, general orders, letters of undertaking or circulars. Articles 10(2)(a) and (b) allows certain restrictions within specified categories and only by way of laws passed by Parliament. The Public Officers (Appointment, Promotion, and Termination of Service) Regulations 2012 and other documents relied on by the AGC do not fall within the permitted restrictions under Articles 10(2)(a) and (b), nor are they law passed by Parliament. These regulations have no legal authority restrict the public servants’ right to free speech and peaceful assembly.
In other words, while saying that the freedom to assemble is ‘not absolute’, the AGC goes on to paint a false picture that the Chief Secretary of the government can restrict the right by administrative regulations. It’s unlawful for him to do so. Has the AG forgotten that the Constitution is the supreme law of the land pursuant Article 4(1), and that it cannot be defeated by any government regulations or ancillary directives?
The AG should respect and uphold the provisions of the Federal Constitution. It’s not the job of the AG to issue press statements defending the interests of the ruling Madani political coalition, against whom the rally is targeted.
Why then has the AGC issued this statement, knowing full well that it is utterly wrong in law and unconstitutional? Who instructed the AGC to make this statement to deter public servants from exercising their constitutionally guaranteed rights?
The Madani government, led by Anwar Ibrahim, are no strangers to protest as a form of democratic expression and regularly exercised this right themselves when they were in the opposition. Yet, they now utilise every arsenal available to them to scare anyone else from using that very same right to protest.
We express the strongest condemnation of the illegal and unconstitutional threats against public servants from participating in the rally this Saturday. It is their right to do so if they wish, and we confirm that we are willing to defend any public servant who is subjected to any form of action for exercising their constitutionally guaranteed right.
Issued by,
Zaid Malek
Director
Lawyers For Liberty