DAP has expressed its grave concerns at the court action that claims that the existence of vernacular schools is not legal because it is against the Federal Constitution.
"For the last 62 years since Merdeka in 1957, the existence of Chinese and Tamil schools have never been questioned and have received public funding.
"For the first time in history, a legal suit has been filed naming the Education Ministry and government of Malaysia as defendants, seeking a declaration that the existence of Chinese and Tamil vernacular schools contravenes Article 152(1) of the Federal Constitution.
"DAP views this as a dangerous development that can not only threaten the existence of Tamil and Chinese schools, but also jeopardise national unity and harmony of our multi-racial society," said DAP secretary-general Lim Guan Eng (above) in a statement today.
He said that DAP will defend vigorously the constitutional right of Chinese and Tamil schools to exist, by bringing up in the final cabinet meeting tomorrow that the government must instruct the attorney-general to mount a muscular opposition to this legal suit.
"At the same time, DAP will also seek to intervene legally in the suit on behalf of vernacular schools and has instructed the chairperson of DAP Legal Bureau and MP for Bukit Glugor, Ramkarpal Singh, to provide legal representation," he said.
A suit was filed today by lawyer Mohd Khairul Azam Abdul Aziz (below, second right) seeking a declaration that Sec 17 and 28 of the Education Act 1996, which permitted the use of Mandarin and Tamil as a medium of instruction at Chinese and Tamil schools respectively, were inconsistent with Article 152 of the Federal Constitution.
Article 152 of the Federal Constitution deals with Bahasa Malaysia being the national language of Malaysia, provided that no person shall be prohibited from using, teaching, or learning other languages, among others.
Targeted by the current suit is Section 17 of the Education Act, which states that 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 Sec 28, or any other educational institution exempted by the minister from this subsection.
Also targeted by the legal action is Sec 28 of the same Act, stating that subject to the provisions of the Act, the education minister may establish national schools and national-type schools, and maintain such schools.
Khairul Azam's originating summons named the education minister and the government of Malaysia as defendants.
Khariul Azam had on Oct 23, filed a motion at the Federal Court to challenge the legal validity of vernacular schools.
However, on Nov 11, the apex court dismissed Khairul Azam’s leave application to proceed with the legal challenge. - Mkini
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