Court dismisses judicial review on PPSMI

The Kota Kinabalu High Court ruled that the decision to abolish the PPSMI was a political one in which it should not interfere.

PETALING JAYA: Sabah supporters of the policy of Teaching and Learning of Sciences and Maths in English (PPSMI) were dealt a blow today when the Kota Kinabalu High Court struck out the application for leave for judicial review made against the decision to abolish the policy.

In a press statement following the court’s decision, the Parent Action Group for Education (PAGE) said that the application was initally made on Nov 11 last year by a local lawyer, Marcel Jude, and a Papar school teacher, Evelyn June.

High Court Judge, Abdul Rahman Sebili, ruled that the application was made out of time because the Education Ministry’s decision to abolish the PPSMI was made by the Cabinet in 2009.

More than two years have passed since and the application failed to satisfy the 40-day rule stipulated under the rules of the High Court.

“The court held that the decision to abolish the PPSMI was a policy decision undertaken by the Cabinet based on the exercise of the function by the respondent as the minister,” said PAGE.

“As such, the applicants had no legal right to compel the respondent to continue with the implementation of the PPSMI in Sabah.”

The court also held that the decision to discontinue the PPSMI was a political one that was not justifiable in a court of law.

“The court acknowledged that the litigation process and the expertise of the court are unsuited to resolving the question at hand,” PAGE stated.

“The court has ruled that it is not for it to interfere in the matter because the wisdom and policy decision of the government belongs to the government.”

Jude and June said they were disappointed by the decision and would appeal within 30 days.

The decision to abolish the PPSMI was made on July 8, 2011 and subsequently replaced by the policy of Upholding Bahasa Malaysia and Strengthening the English Language (MBMMBI).