Isma has joined several other groups in filing a legal challenge against the validity of the existence of vernacular schools in Malaysia.
The right-wing Muslim movement, through legal firm Messrs Raja Riza & Associates, filed the writ of summons at the Kuala Lumpur High Court Registry on Jan 17.
According to a copy of the cause papers sighted by Malaysiakini this morning, Isma’s chairperson Aminuddin Yahaya, who acts on behalf of the non-governmental organisation, is the plaintiff while the education minister and the Malaysian government are the first and second defendants respectively.
The suit’s statement of claim alleged that the establishment of vernacular schools is unconstitutional and void under the law because the related provisions under the Education Act contravene the Federal Constitution.
Isma is referring to Section 28 of the Education Act 1996 which empowers the education minister to establish national and vernacular schools, as well as Section 17 of the act which exempts vernacular schools from utilising the national language as the medium of instruction.
The group claimed that these two provisions contravene Article 152 of the Federal Constitution, which provides among others that Bahasa Malaysia is the national language.
The plaintiff alleged that Article 152 requires that Bahasa Malaysia be utilised for official purposes by public authorities such as the two defendants, under which the education institutions fall under.
Isma alleged this is strengthened by the provisions of the National Language Act 1963/67 provided among others that the national language has to be used for official purposes.
“It is pleaded that the establishment of vernacular schools is unconstitutional and void under the law.
“Sections 17 and 28 of the Education Act 1996 are inconsistent with Article 152 of the Federal Constitution due to the Malay language as the national language not being utilised as the official language for medium of exchange.
“Sections 17 and 28 of the Education Act 1996 are void (terbatal) under Article 4 (1) of the Federal Constitution because both provisions (Sections 17 and 28) are inconsistent with the Federal Constitution,” Isma said.
Article 4(1) states that the Federal Constitution is the supreme law of the Federation and any law passed after Merdeka Day, which is inconsistent with this constitution shall, to the extent of the inconsistency, be void.
Isma is seeking declarations that Sections 17 and 28 of the Education Act go against the Federal Constitution in relation to vernacular schools, and that as a result, both provisions are void, as well as any other relief deemed fit by the court.
The group is not seeking cost in the matter as it involve an issue of public interest.
According to court papers, the matter is fixed for e-review (a form of online teleconferencing) case management with the Kuala Lumpur High Court Registry tomorrow (March 24).
The case management is in relation to Isma’s interlocutory application for its suit to be heard together with a similar legal action by the Association of Peninsular Malaysia Students (GPMS) and the Islamic Education Development Council (MAPPIM).
On Dec 16 last year, it was reported that GPSM and MAPPIM filed a suit that challenged vernacular school’s use of Mandarin and Tamil as mediums of instruction, seeking to strike down Sections 17 and 28 of the Education Act.
Besides Isma, GPSM and Mappim, there are also similar legal actions filed by Ikatan Guru-Guru Muslim Malaysia and lawyer Mohd Khairul Azam Abdul Aziz.
The case management of Isma’s suit tomorrow is also in relation to interlocutory applications by political party Parti Bumiputera Perkasa Malaysia (Putra), and two prominent Chinese education groups - United Chinese School Committees’ Association (Dong Zong) and United Chinese School Teachers’ Association of Malaysia (Jiao Zong) - to intervene in Isma’s vernacular school suit.
Khairul Azam is also Putra vice-president. - Mkini
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