Education

Court dismisses appeal to declare vernacular schools unconstitutional

Judge says it has been intended as stated in Federal Constitution that vernacular schools be allowed to operate even after independence.

Updated 2 years ago · Published on 23 Nov 2023 10:38AM

Court dismisses appeal to declare vernacular schools unconstitutional
Court of Appeal allows vernacular schools in the country to operate saying it is in the Federal Constitution. – The Vibes pic, December 22, 2022

by The Vibes Team

THE Court of Appeal in Putrajaya today dismissed an appeal by four non-governmental organisations (NGOs) and ruled that vernacular schools in the country are constitutional.

The NGOs had earlier sought to declare that the use of Tamil and Chinese as the medium of instruction in vernacular schools was against the Federal Constitution.

The four NGOs are the Islamic Education Development Council (Mappim), the Confederation of Malaysian Writers Association (Gapena), Ikatan Muslimin Malaysia (Isma) and Ikatan Guru-Guru Muslim Malaysia (I-Guru).

A three-member bench chaired by Justice Supang Lian, along with M. Gunalan and Azizul Azmi Adnan handed down the decision.

Azizul in reading out the ruling on behalf of the bench, said it was intended from the very beginning as stated in the Federal Constitution that vernacular schools be allowed to operate even after independence in 1957.

This is stated in Article 152(1)(b) of the Federal Constitution.

“Otherwise, at that time, such schools would have been abolished following the establishment of the Federal Constitution,” added Azizul

On December 29, 2021, the Kuala Lumpur High Court ruled that the existence of vernacular schools, as well as the use of Tamil and Chinese languages in those institutions, are in line with the provisions of the constitution.

On May 29, last year, the Kota Baru High Court judicial commissioner Abazafree Mohd Abbas (now high court judge) also ruled that the existence of vernacular schools is constitutional and he dismissed the suit filed by I-Guru.

In the suit filed in December 2019, GPMS, Mappim, Gapena and Isma sued several parties including the government. Among them were Chinese educationist groups Dong Zong and Jiao Zong, Persatuan Thamizhar Malaysia, and Persatuan Tamilar Thurunal (Perak).

As for I-Guru, the organisation sued the education minister and the government of Malaysia, seeking a declaration that section 28 and section 17 of the Education Act 1996 were inconsistent with Article 152 of the federal constitution and it is void and of no effect.

The Malaysia Chinese Language Council, the Malaysia Tamil Neri Kalagam Association, the Confederation of Former Tamil School Pupils, the United Chinese School Committees Association of Malaysia (Dong Zong) and political parties MIC, MCA, Gerakan and Parti Bumiputera Perkasa Malaysia were allowed to become interveners in the suit filed by I-Guru. – The Vibes, November 23, 2023

Related News

Malaysia / 2y

MCA touts poll showing broad support for vernacular schools

Malaysia / 2y

Govt committed to vernacular schools, no plans to abolish them: Fadhlina

Malaysia / 2y

Recent Federal Court ruling a triumph for multicultural Malaysia, says MCA

Education / 3y

Using other languages in vernacular schools allowed in constitution, appellate court hears

Malaysia / 3y

Lawyer challenges use of Mandarin, Tamil in vernacular schools

Education / 3y

Education Ministry to address low enrolment in rural Tamil primary schools

Spotlight

Malaysia

Puteri Umno distances itself from viral Threads post

By Alfian Z.M. Tahir

Malaysia

MACC drops orange detention attire for court remand cases after PM’s call

World

Man jailed six years for keeping Indonesian woman as slave in Melbourne home

Malaysia

Emergency declared in Serian as haze reaches hazardous levels (UPDATED)

Malaysia

Haze in Serian enters emergency phase

Malaysia

Death sentence for deaf, mute man who killed family of four upheld

Malaysia

Retired army officer with Datuk title charged with alleged sexual assault of golf caddie

Heritage

Penang first state to recognise Hungry Ghost Festival, cemeteries as heritage

You may be interested

Education

New York bans AI use among nearly 600,000 public school pupils