Lawyer files suit against use of Mandarin, Tamil as medium of instruction in schools

A lawyer has gone to court to challenge the use of Mandarin and Tamil as a medium of instruction in vernacular schools.

Mohd Khairul Azam Abdul Aziz (above), through his counsel Shaharudin Ali, filed the originating summons at the Kuala Lumpur High Court Registry this morning.

Khairul Azam, who is also Putra vice-president, 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 application to proceed with the legal challenge.

According to a copy of the present summons made available to the media today, Khairul Azam is seeking for a declaration that Sec 17 and 28 of the Education Act 1996, which permits the use of Mandarin and Tamil as mediums 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 at a national-type school established under Section 28, or any other educational institution exempted by the minister from this subsection.

Also targeted by the legal action is Section 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.

During a press conference at the lobby of the Kuala Lumpur Courts Complex following the filing of the suit today, Khairul said the legal action seeks to strengthen harmony among the various ethnic groups in Malaysia.

He explained there was no racial element to the legal action which was based purely on an examination of constitutional and legal issues.

“We have never in our legal action or statements forbidden or questioned the rights of any race to learn their respective mother tongues," Khairul said.

“The issue before the court now is the medium of instruction at government institutions (public vernacular schools). The law makes it mandatory to use Bahasa Malaysia. 

“In court, we will raise the issue about national-type schools maintained by the government and why do they get an exception in using a language other than Bahasa Malaysia (as a medium of instruction). This goes against Article 152 (of the Federal Constitution).” 

He said the legal action also sought to uphold racial harmony among Malaysians following recent potentially divisive incidents involving the Jalur Gemilang and Negaraku, among others.

“The issue of racial unity is becoming worse, akin to stage 4 (cancer). We look at the institutions, the Negaraku, things that should not have become issues but have become issues recently," Khairul Azam said.

“Not enough stars (in the Malaysian flag), the national anthem sung in various languages (other than Bahasa Malaysia), phobia of Jawi (khat) writing in national- type schools. These many issues can jeopardise the peace and harmony of the country.” 

Khairul Azam is believed to be referring to the recent viral incident of the display of a Jalur Gemilang with a five-pointed star rather than 14-pointed one during a basketball match on Nov 25.

The lawyer is also believed to be referring to a recent viral incident of primary school pupils singing the Negaraku in Mandarin.

Apart from these, he is also believed to be referring to the recent opposition by certain quarters to the introduction of a three-page Jawi (khat) writing lessons for Year 4 students, including at vernacular schools.

Khairul said these issues could have been avoided if national unity was taught to Malaysians from young so that by the time the various ethnic groups meet each other at school, the budding Malaysians would have learnt to understand and respect one another.

Khairul's counsel Shaharudin gave assurance that the current legal action was not aimed at dismantling the existing vernacular schools but merely to address the issue of Mandarin and Tamil being utilised as mediums of instruction at these schools. - Mkini