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Friday, December 4, 2020

MCA against bid to revive challenge on vernacular schools

 

A group of Malay teachers wants to reinstate a suit to challenge the existence of vernacular schools. (Bernama pic)

PETALING JAYA: MCA is opposing an application to reinstate a suit filed by a Muslim teachers group to challenge the existence of vernacular schools in Malaysia.

Lawyer Shaharudin Ali, who is appearing for the Ikatan Guru-Guru Muslim Malaysia, said he received an affidavit from a counsel for the political party making known of its intention.

Shaharudin said the document basically questioned his medical report submitted to the High Court of Kota Bharu after the suit was annulled when no lawyer was present during case management on Oct 26.

“I am not going into the specifics but I will blast them in my affidavit in reply,” he told FMT.

Shaharudin said he had been unable to attend court as he had a serious eye condition.

The lawyer said he was under medication and at home due to the conditional movement control order and that his legal firm in Kota Damansara, Petaling Jaya, was located in a Covid-19 red zone.

“I was unable to communicate with my staff to find a replacement lawyer to attend the case management,” he added.

Shaharudin said a case management would be held on Dec 16 to get direction on the reinstatement application and the filing of written submissions.

The plaintiff, Mohd Azizee Hasan, who is the group’s president, filed the suit on behalf of his organisation in February. He is challenging the constitutionality of Sections 17 and 28 of the Education Act. He named the education minister and the government as defendants.

MCA and the United Chinese School Committees’ Association of Malaysia (Dong Zong) have been allowed to be made parties and defendants. The Chinese Language Council, Tamil Language Association and Confederation of Former Tamil School Pupils have also applied to become interveners.

Gabungan Pelajar Melayu Semenanjung and Majlis Pembangunan Pendidikan Islam Malaysia filed similar suits in Kuala Lumpur in February. Ikatan Muslimin Malaysia (Isma) also filed a similar cause of action in Kuala Lumpur in March.

Isma president Aminuddin Yahaya is seeking an order that the two provisions in the Education Act, which allow the use of Chinese and Tamil languages as the medium of instruction in vernacular schools, are against Article 152 of the Federal Constitution.

Article 152 states that Bahasa Melayu is the national language of Malaysia.

The Attorney-General’s Chambers, which is appearing for the minister and the government, wanted all suits to be heard in Kuala Lumpur as the subject of dispute was similar. - FMT

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