Lawyer Mohd Khairul Azam Abdul Aziz today filed a motion challenging the existence of vernacular schools, which was codified under the Education Act 1996, as a contravention of the Federal Constitution.
Khairul (photo), who is acting as the plaintiff in the case, filed an application through Messrs Azam Aziz Shaharudinali & Co at the Federal Court Registry Office in Kuala Lumpur today.
Shaharudin Ali, who led the plaintiff's team, claimed that Parliament had no power to enact Section 28 and Section 17 of the Education Act 1996.
The Education Act 1996 was passed that year to amend the Education Ordinance of 1956 and the Education Act of 1961.
Section 17 of the Education Act 1996 covers the national language as the main medium of instruction. It states:
17 (1) The national language shall be the main medium of instruction in all educational institutions in the National Education System except a national-type school established under section 28 or any other educational institution exempted by the minister from this subsection.
(2) Where the main medium of instruction in an educational institution is other than the national language, the national language shall be taught as a compulsory subject in the educational institution.
Section 28 of the Education Act 1996 covers the establishment and maintenance of national and national-type schools. It states that subject to the provisions of this Act, the minister may establish national schools and national-type schools and shall maintain such schools.
According to Shahrudin, Parliament did not have the authority to empower the Education Ministers with the discretion to establish Chinese Type Schools (SJKC) and Tamil Type Schools (SJKT).
He claimed that Clause 152 of the Federal Constitution does not authorise the Education Minister to do so.
"The essence of this application is to seek an order of the Federal Court as to whether Parliament has the power to enact Section 28 and Section 17 of the Education Act 1996," Shahruddin said when met by reporters at the Palace of Justice.
The notice of motion was filed naming the Education Minister as the first defendant and the Government of Malaysia as the second defendant in the case.
Shaharudin said he made the Federal Court's ruling on July 9, 1982, in the case concerning the establishment of the University Merdeka as the basis for the notice of motion being filed.
“The decision of the court says that for matters pertaining to education, Article 152 should be applied."
Meanwhile, when met by reporters in the courtyard of the Palace of Justice, Putrajaya, Mohd Khairul Azam rejected the notion that his actions were racist.
"This is not a racial issue, it is a legal issue. And this is purely a constitutional and legal issue.
“We have filed this action in court. We didn't take it to the streets. We filed in the highest court of the country, in the Federal Court under Article 4 (4) of the Federal Constitution, ”he said.
He said that if anyone tried to associate it with racial issues it was just a technique to get rid of it.
Mohd Khairul added that the Budget 2020 allocation of RM127 million to vernacular schools prompted him to take action.
"As taxpayers, we have the right to make sure the government spends money on the people, in accordance with the constitution and law."
"If these institutions are not legal, then the people's money should not be passed to the institutions," he said. - Mkini
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