Groups seek to recuse judge from legal challenge against vernacular schools

 

Gabungan Pelajar Melayu Semenanjung (GPMS) and Majlis Pembangunan Pendidikan Islam Malaysia (MAPPIM) is seeking for a new Kuala Lumpur High Court judge to hear the non-governmental organisations’ (NGO) legal challenge against the validity of vernacular schools in Malaysia.

This was revealed by the NGOs' counsel Mohamed Haniff Khatri Abdulla (photo, above) during case management of the matter before judge Wong Chee Lin this afternoon.

On Dec 16 last year, it was reported that GPMS and MAPPIM filed a legal challenge against the legality of vernacular schools.

The writ of summons named the Education Ministry and Malaysian government as the two defendants.

During open-court proceedings today, Haniff said that on Sept 28, they had issued a letter to the managing judge seeking for the recusal of Wong from hearing the legal challenge.

"We have not received any response (from the managing judge)," Haniff said.

However, Wong then informed parties that any such recusal bid should have been made in the form of a written official application to her.

The judge also reiterated that she is capable of handling legal matters that are conducted in Bahasa Malaysia, among others.

"Before you (the two plaintiffs) make the application, when I mentioned I have difficulty understanding, it is mainly due to the accent of the (Bahasa Malaysia) speaker.

"I can ask them (potential witnesses in the vernacular school legal challenge hearing who testify in Bahasa Malaysia) to repeat themselves.

"It does not mean I cannot manage matters (proceedings) and witnesses in Malay. I do not shirk my responsibility.

"I am aware that parties will be giving evidence in Malay," Wong said.

Haniff then informed the court that the plaintiffs would be filing the official written application to recuse Wong. The court then fixed Dec 4 for case management.

The Dec 4 case management is in relation to not only the recusal application but for several applications by multiple entities to intervene in the legal challenge.

Among these proposed interveners are political parties MCA, MIC, Gerakan and Putra, and Chinese vernacular school educationist groups Dong Zhong and Jiao Zong, among others.

When met by the media after proceedings this afternoon, Haniff explained that the letter to the managing judge was due concerns over the proficiency in the national language when the court hears the legal challenge.

The lawyer said this is especially so when the arguments by parties in a hearing of the present suit would be conducted in Bahasa Malaysia.

"The subject matter of the suit involving vernacular schools is in relation to the language stream to be used.

"The medium of instruction in national school is on the integration of society," Haniff said.

Confirming that Wong directed the two plaintiffs to file a formal application for her recusal, Haniff added that they would be filing the formal recusal bid.

Senior federal counsel S Narkunavathy appeared for the two defendants.

It was reported that the suit by GPMS and Mappim seeks a declaration that the existence of Chinese and Tamil vernacular schools go against Article 152(1) of the Federal Constitution which defines Malay as the national language.

It also seeks for a declaration that a provision under the Education Act 1996, which allows the setting up of vernacular schools, as unconstitutional.

The suit also wants the Education Ministry and the government to take steps to ensure vernacular schools comply with Article 152(1) of the Federal Constitution within six months of the court's decision if it is in their favour. - Mkini