KOTA KINABALU: The City Hall has rejected the application by Bersih Sabah to hold the Pesta Demokrasi at Tanjung Lipat on grounds that their program is not suitable.
Mayor Datuk Abidin Madingkir said after taking into considerations on the criteria usage of Tanjung Lipat, the City Hall is unable to give approval for the intended overnight rally to take place at the area.
He explained that part of the conditions of the usage of Tantung Lipat as a public area is that it allows only for recreational and beach activities but not Bersih Sabah’s intended program.
The intention by Bersih Sabah chairman Jennie Lasimbang to hold an overnight rally on August 29 to 30 at Tanjung Lipat according to him, could also cause road congestions along the tight Tun Fuad Stephens Road.
Furthermore, Madingkir said by allowing the rally to be held there would deprive visitors and picnickers and their family members from making use of Tanjung Lipat for their recreational outings.
The mayor stated this in a statement yesterday after the police rejected the Bersih 4.0 rally on grounds that the local authority did not issue a permit to allow the event to take place at the Likas Bay public park.
Sabah Police Commissioner Datuk Jalaluddin Abdul Rahman said on Sunday that despite having received a notification from the rally organisers on August 19, police failed to process the notice as there was no letter of approval from the City Hall to use the public place.
“Under Section 10 of the Peaceful Assembly Act 2012, approval by the venue’s owner is required and is to be attached with the assembly notification to police.
“In short, Bersih 4 Sabah is not an approved assembly as it does not comply with what had been outlined under the Peaceful Assembly Act,” he said.
Jalaluddin also gave a stern warning to the public not to participate in the rally which he described as illegal and detrimental to the State’s peace and order, despite the organisers’ continuous attempt to assure the authorities otherwise.
He said that action could be taken against those who organise or take part in the rally according to the laws stipulated under the Peaceful Assembly Act 2012, including Section 9 (5) for rally notification and Section 4 (2) (c), and can be fined up to RM10,000.
Jannie yesterday said that a police statement barring the event from proceeding at a popular waterfront bay was preempting the event from obtaining the necessary approval from the mayor’s office.
“This is unfair because OCPD (district police officer in charge) has given us time to talk to the mayor,” she said.
“He should respect this time before making a statement. The ball is in the mayor’s court, not the police,” she added.
The activist said that Bersih 4 organisers had been trying to get an appointment with the mayor but would put in a formal request to see the mayor to appeal for approval of the use of the venue and will make a statement after.
“We appeal to the police to give us more time to meet with the mayor,” she said.
It will be Bersih Sabah’s first attempt to hold an overnight rally from 2pm on August 29 to 2pm the following day, after previous attempts of organising a peaceful assembly such as the Himpunan May Day failed.