Cite laws that ban pets from entering malls, NGO tells state exco
An animal rights NGO has demanded that the Selangor government identify and publish the specific laws in place which prohibit pets from being brought into shopping malls.
This comes after Selangor state executive councillor for local government and tourism Ng Suee Lim said the state will continue to ban pets from being brought into malls, adding that a policy on the matter is still in force.
An animal rights NGO has demanded that the Selangor government identify and publish the specific laws in place which prohibit pets from being brought into shopping malls.
This comes after Selangor state executive councillor for local government and tourism Ng Suee Lim said the state will continue to ban pets from being brought into malls, adding that a policy on the matter is still in force.
In a statement, Lawyers for Animal Rights spokespersons Rajesh Nagarajan and Sachpreetraj Singh reminded Ng that in a country that practises the rule of law, restrictions on lawful conduct cannot be imposed by mere announcements.
“Executive authority must be traceable to law. To date, no statute, subsidiary legislation, local authority by-law, or gazetted guideline has been identified or published to support the existence of such a ban,” they said.
Three days ago, Sunway Square Mall in Subang sparked a debate on social media after it became the first shopping mall in Malaysia to officially allow visitors to bring their pets into its premises.
The New Straits Times reported that the mall quickly went viral after photos and videos circulated online showing a dog being pushed in a special trolley inside the mall, including near TGV Cinemas.
Against Federal Constitution
On that note, the lawyers reminded Ng that the shopping mall is a privately owned premises and the state has no authority to impose a blanket prohibition on how private property owners regulate lawful behaviour within their premises.
They added that such actions could also run contrary to the Federal Constitution.
“This matter also raises serious constitutional concerns under Article 8(1) of the Federal Constitution, which guarantees equality before the law.
“A vague, unwritten, and inconsistently enforced ‘ban’ creates arbitrary distinctions without objective criteria or legal justification.
“The Federal Court in Sivarasa Rasiah v Badan Peguam Malaysia held that any restriction on lawful conduct must satisfy constitutional standards of reasonableness and proportionality,” the lawyers added.
If regulation is deemed necessary, the lawyers then urged the Selangor government to legislate the matter transparently, after consulting stakeholders and ensuring it adheres to constitutional provisions.
“The rule of law and the Federal Constitution are not optional. They bind the executive at all times,” they noted.
‘Issue official notices’
Permatang assemblyperson Nurul Noh Omar challenged Ng and the Subang Jaya City Council (MBSJ) to issue an official letter to Sunway Square Mall to either scrap its pet-friendly policy or review it.
“The state government should also issue a clear directive to all local governments to ensure the issue is not repeated.
“Among others, they must ensure proper hygiene, public comfort and Muslims’ sensitivities are not trivialised for commercial or tourism purposes.
“And this is not about hating animals, but it touches on local governments’ authority, management of public places and the state government’s policy,” Nurul added.
