Let courts resolve UiTM controversy

The proper way to resolve the UiTM controversy is to let the court decide whether the move by the university to bar non-Malays from gaining admission into its “sacred” ground is constitutional.

Opponents and proponents have cited the Federal Constitution to buttress their respective arguments and both sides are convinced that their interpretation of the Constitution is correct.

They highlighted Article 153, with one group interpreting it according to its own understanding of the provision and the other based on its own version of what it really means. Who is right?

UiTM academics contend that the particular article clearly meant that only bumiputera students are allowed to enrol in the university. They also singled out the UiTM Act 1976, which they posit is in line with the Federal Constitution.

UiTM vice-chancellor Shahrin Sahib was all fired up when he stood his ground with the declaration that the “sacred university will continue to be defended for religion, race and country”.

UiTM vice-chancellor Prof Shahrin Sahib

But lawyers point out that there is no mention at all that non-Malays are barred from entering UiTM. Article 153 is all about reserving quotas for Malays and bumiputera.

If the lawyers’ argument carries weight, then UiTM cannot be considered to be an institution exclusively set up for bumiputera.

A way out of stalemate

However, the controversy has become too complicated for it to be solved rationally and intelligibly.

And when politicians throw in their lot, their slanted views tend to make matters worse.

With both sides holding strong views, someone must step in and defuse a potentially explosive case. And that ideal third party should be the court whose final decision must be respected.

To get the ball rolling, non-Malays should apply to study in UiTM, and if rejected solely on racial grounds, they can turn to the court to appeal their case. One social activist is even willing to find a lawyer to take up their case for free.

The court will have to scrutinise the UiTM Act to find out which provision clearly states that the university caters only to Malay students. If there is no such provision, is the law going against the Federal Constitution?

This legal battle will certainly attract intense interest and attention because education is another field where tempers can quickly flare whenever any contentious issue crops up.

Leaving it to the judiciary

If the matter does end up in the more hallowed ground of the court, all stakeholders must take a backseat and wait for the final verdict.

No one must apply pressure on the court to get a ruling favourable to their cause or instigate UiTM students to come out to the court compound dressed in black to show their displeasure over outside attempts to pry open their university gate.

The matter can be resolved without rancour or public acrimony if only all parties remove their racially tainted lenses and see education as a level playing field where all races can have equal access to its bounty.

When graduates leave a university with a scroll and a mortarboard, they symbolise the hope and promise of a country aspiring to create a happy, bright, and prosperous future.

UiTM need not be a fortress to be defended with your life because all those who come knocking on its door are fellow citizens who just want to earn a degree for a better life. 

When our children take the momentous step to pursue tertiary education, all universities should embrace them with bold signs that proclaim “semua dialu-alukan” and not put up grim notices that scream “dilarang masuk”. - Mkini

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PHLIP RODRIGUES is a retired journalist.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.