Malaysia

NGOs to challenge high court ruling on constitutionality of vernacular schools

Using anything other than Bahasa Malaysia as primary medium in public learning institutions violates its position as official language, appellants claim

Updated 4 years ago · Published on 27 Jan 2022 4:42PM

NGOs to challenge high court ruling on constitutionality of vernacular schools
On December 29, 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. – AFP pic, January 27, 2022

KUALA LUMPUR – Three NGOs will challenge in the Court of Appeal a high court ruling, which declared that vernacular schools are constitutionally valid.

The appellants comprise Majlis Pembangunan Pendidikan Islam Malaysia (Mappim), Gabungan Persatuan Penulis Nasional Malaysia (Gapena) and Ikatan Muslimin Malaysia (Isma), led by lawyer Haniff Khatri.

“The reasoning behind the high court deciding that vernacular schools are valid is due to the fact that they are not public bodies and are not required under the federal constitution to use the national language during teaching.

“This appeal will challenge the high court decision, and it is hoped that it will conclude the legal question on whether vernacular schools established under the Education Act 1996 which receive public funds are a public body,” the statement by the plaintiffs’ lawyers said.

Mappim, Gapena and Isma emphasised that they support efforts to master a third language such as Mandarin, Tamil, Arab, Kadazan or any other language as a separate subject, but oppose any other language being used as the main means of communications in any public learning institution.

They said any efforts to use any language other than Bahasa Malaysia in these learning institutions go against its position as the official language in the country.

“Thus, it is hoped that it is clear that this appeal is to clarify a constitutional issue, and not intended to be made a racial issue to be taken advantage of by those who are irresponsible,” the statement adds.

On December 29, 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.

The Malaysian Chinese Language Council, Dong Zong, Persatuan Thamizhar Malaysia, Persatuan Tamilar Thirunal (Perak), Persatuan Gabungan Kebajikan Guru-Guru Bersara Sekolah Tamil, the Malaysian Chinese Language Council, Persatuan Malaysia Tamil Neri Kalagam, Gabungan Persatuan Bekas Pelajar Sekolah Tamil Malaysia, and SMJK Chong Hwa were named as defendants.

Political parties MIC, MCA and Gerakan were intervenors for the defendants, while Parti Bumiputera Perkasa Malaysia intervened for the plaintiffs. – The Vibes, January 27, 2022

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