What is the legal basis for not notifying police about the Sabah rally?

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Federal Court Ruling Invalidates Requirement for Assembly Notice

Organisers of the Gempur Rasuah Sabah 3.0 protest have stated they will not submit a notice of assembly to the police. This decision is based on a Federal Court ruling from June 2025, which declared Section 9(5) of the Peaceful Assembly Act 2012 unconstitutional. Consequently, failing to provide a five-day notice to the police is no longer considered a criminal offence.
Unconstitutionality of Section 9(5)

The Federal Court, in a five-member panel led by Chief Justice Tun Tengku Maimun Tuan Mat, determined that Section 9(5) of the Peaceful Assembly Act 2012 conflicted with the constitutional right to assemble peacefully, as enshrined in Article 10 of the Federal Constitution. This legal interpretation means that the previous requirement for organisers to notify the police at least five days before an assembly, and the penalties associated with non-compliance, are no longer enforceable.
Impact on Assembly Notification

As a direct consequence of the Federal Court's decision, the organisers of the Gempur Rasuah Sabah 3.0 rally have confirmed their intention not to lodge a formal notice with the police. They assert that the legal framework no longer mandates this procedural step for peaceful assemblies, thereby removing a prior condition that carried potential legal repercussions for organisers.
Call for Legal Clarity

The organisers have urged the Kota Kinabalu district police to thoroughly review the legal standing of assembly notifications. They expressed concern that inaccurate statements regarding this matter could lead to public confusion. The Gempur Rasuah Sabah 3.0 protest is scheduled to commence at Suria Sabah on Saturday before proceeding through the city centre to Dataran Todak Waterfront.

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What is the legal basis for not notifying police about the Sabah rally?

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