LFL director Zaid Malek said it was unacceptable for the AGC to issue a statement that was “blatantly” contrary to the Federal Constitution and mislead the public on the application of Articles 10(1)(a) and (b) of the constitution.
“These provisions guarantee freedom of expression and the right to peacefully assemble, and they cannot be extinguished by mere regulations, general orders, letters of undertaking or circulars,” he said in a statement.
Zaid acknowledged that Articles 10(2)(a) and 10(2)(b) allowed certain restrictions within specified categories and by way of laws passed by Parliament.
However, he said the Public Officers (Appointment, Promotion, and Termination of Service) Regulations 2012 and other documents relied on by the AGC did not fall within the permitted restrictions, nor were they laws passed by Parliament.
“These regulations have no legal authority to restrict public servants’ right to free speech and peaceful assembly,” Zaid added.
Yesterday, the AGC said the rights under Articles 10(1)(a) and 10(1)(b) were not absolute.
According to the AGC, civil servants are bound by letters of undertaking pursuant to Regulation 20(3) of the Public Officers (Appointment, Promotion and Termination of Service) Regulations.
It said the undertakings include complying with all regulations, including the Public Officers (Conduct and Discipline) Regulations 1993, general orders, circulars, and directives issued by the government from time to time.
Both sets of regulations state that civil servants must not behave in any manner that could tarnish or bring disrepute to the civil service or make public statements that could embarrass or tarnish the reputation of the government.
Zaid accused the AGC of painting a false picture that the chief secretary could limit fundamental rights by way of regulations.
“It’s unlawful for him to do so. Has the attorney-general forgotten that the constitution is the supreme law of the land pursuant to Article 4(1), and that it cannot be defeated by any government regulations or ancillary directives?” he said.
He also said it was not the job of the AGC to issue press statements defending the interests of the ruling government, whom the rally is targeting.
On Sunday, Chief Secretary Shamsul Azri Abu Bakar said it was inappropriate for civil servants to take part in the rally “because the action is not in accordance with the principle of loyalty to king and country as espoused by the Rukun Negara”.