Vernacular schools will continue to operate in Malaysia as the Federal Court dismissed two NGOs bid for leave to appeal to nullify the validity of the educational institutions.
A three-person Federal Court bench chaired by Mary Lim Thiam Suan this morning, in a 2-1 majority, denied leave appeal for Islamic Education Development Council (Mappim) and the Confederation of Malaysian Writers Association (Gapena).
The groups failed in their legal challenge at both the High Court and Court of Appeal levels over the constitutionality of 1,302 Mandarin schools and 527 Tamil schools nationwide.
On Dec 29, 2021, Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali - who has since been elevated to the Court of Appeal - dismissed the lawsuits brought by Mappim and Gapena.
Nazlan ruled that the establishment and existence of vernacular schools and their use of Mandarin and Tamil languages were protected under the Federal Constitution.
During today's proceedings, Lim and fellow bench member judge Rhodzariah Bujang formed the majority decision to deny leave, while judge Abdul Karim Abdul Jalil was the sole dissenting voice.
"For the majority verdict, we are not satisfied that we need to exercise our discretion to allow the amended questions of law (for Mappim and Gapena's appeal leave bid) as per Section 96(b) of the Courts of Judicature Act 1964," Lim ruled.
Section 96(b) states the Federal Court may grant leave to appeal if there is a need for an answer to the issue if it pertains provisions of the Federal Constitution.
Counsel Mohamed Haniff Khatri Abdulla appeared for the two NGOs.
Senior federal counsel Liew Horng Bin appeared for the education minister and federal government - who are the first and second respondents in the matter.
The other respondents comprised MIC, MCA, Chinese language education groups Jiao Zong and Dong Zong, Chong Hwa Independent High School, Persatuan Thamizar Malaysia, Persatuan Tamilar Thirunal Perak, Persatuan Gabungan Kebajikan Guru-Guru Bersara Sekolah Tamil Malaysia, as well as Majlis Bahasa Cina Malaysia, and Persatuan Tamil Neri Malaysia.
Earlier during today's court proceedings, nearly all except for two of the respondents raised objections against Mappim and Gapena's leave application appeal.
Liew informed the Federal Court that the federal government and education minister oppose the bid as they wish to preserve and maintain vernacular schools. - Mkini
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