The Penang government can only invoke the Land Acquisition Act 1960 to take back the land on which the convent schools are located only if the landowner surrenders the plot to the Education Ministry, said Chief Minister Chow Kon Yeow.
Chow said otherwise this cannot be done although the schools are under federal jurisdiction.
"We need to see what is the intention of the federal government towards these schools," Chow told reporters after attending the launch of Penang Techfest 2020 in Bayan Baru.
"For now, we appeal for more time and space for all parties to discuss and decide on the future of the schools," Chow added at the event held at the Penang Development Corporation.
He was responding to DAP Bukit Gelugor MP Ramkarpal Singh who urged the state government to take the necessary steps to acquire the land owned by the Sisters of the Infant Jesus under the Land Acquisition Act 1960 to preserve the schools.
Ramkarpal was reacting to news reports that the three schools - SJK, SMK Convent Light Street (CLS) and SMK Convent Pulau Tikus (CPT) - face closure in 2024.
In a statement issued last year, the landowner - Provincial Secretariat of the Sisters of the Infant Jesus - had refuted the allegation that they are selling the land to private developers, saying they "have no intention to sell the land and buildings for redevelopment".
Earlier, Chow said the legacy of education is a very complex matter, but it is reflected in the Malaysian Education Act.
He noted that there are various types of schools, and due to historical consideration, they are divided into partially and fully-funded entities.
"In the case of Chinese vernacular schools, the land and buildings belong to the board of governors or associations.
"In the case of convents, the church owns the land and buildings, and in the course of history, has set up the schools, incorporating them into the National Education Act," Chow explained.
He said such schools are only partially funded by the Education Ministry, which funds the teaching and administrative staff.
However, the assets such as land and buildings are not funded by the ministry, he added.
"Until and unless the land and buildings are surrendered to the ministry, they cannot be acquired by the government; it's a legacy problem," Chow said.
Chow pointed to the history of Chinese schools, saying they are also facing funding problems but have not surrendered their properties to the government.
He said doing so will go against the wishes of the Chinese community.
"No matter how difficult - whether the schools face closure or relocation - the landowners will not surrender their assets; this is to preserve the identity of the schools and to protect their right to vernacular education," Chow said.
Chow will be meeting the landowner of the convents on July 19 to discuss their future. - Mkini
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