Vernacular schools challenge: MCA, MIC, Gerakan, Dong Zong and 10 others allowed to join lawsuit

(MMO) – The High Court today allowed 14 organisations, including political parties such as MCA, MIC, Gerakan and education and language groups, to become part of politician Mohd Khairul Azam Abdul Aziz’s constitutional challenge against vernacular schools in Malaysia.

High Court judge Datuk Nordin Hassan allowed the intervener applications of the 14 organisations and their representatives for Mohd Khairul Azam’s lawsuit against the education minister and the Malaysian government.

The 14 organisations that were allowed today to become defendants of the case include Mohd Khairul Azam’s own party, Parti Bumiputera Perkasa Malaysia (Putra); Gerakan as represented by its president Datuk Dominic Lau Hoe Chai; Persatuan Tamilar Thirunal Perak as represented by Babu Raj Raja Gopal; and Persatuan Gabungan Kebajikan Guru-guru Bersara Sekolah Tamil Malaysia as the third to sixth defendants.

The seventh to 11th defendants that were added on today are United Chinese School Teachers’ Association of Malaysia (Jiao Zong) as represented by its chairman Ong Kow Ee; United Chinese School Committees’ Association of Malaysia (Dong Zong) as represented by its chairman Tan Tai Kim; Pertubuhan Generasi Baru Melaka; MIC as represented by its public officer M. Asojan Muniyandy; and Persatuan Thamizhar Malaysia as represented by its president Jeramal @ Ganesan Muthu.

The rest are MCA secretary-general Datuk Chong Sin Woon on behalf of the party; the Malaysian Chinese Language Council; Persatuan Tamil Neri Malaysia; Gabungan Persatuan Bekas Pelajar Sekolah Tamil Malaysia (Pertama); and Chong Hwa Independent High School of Kuala Lumpur.

Prior to the judge’s decision, Mohd Khairul Azam’s lawyer Datuk Shaharudin Ali confirmed that his client had no objections to any of the applications regardless of whether they would be favouring his client or the government.

The judge noted that the right to intervene is based on whether those seeking to be interveners have legal interest in the court matter.

The judge also instructed the parties involved to file their written submissions by April 28, and fixed May 5 for the hearing of the constitutional challenge.

Today’s lawsuit was filed by Putra vice-president Mohd Khairul Azam on December 17, 2019 in his second attempt to have vernacular schools declared unconstitutional, after his first attempt failed in November 2019.

In his lawsuit against the education minister and Malaysian government, Mohd Khairul Azam claimed Sections 28 and 17 of the Education Act are invalid due to alleged inconsistencies with Act 152 of the Federal Constitution.

Under the Education Act, Section 17 states that the national language shall be the main medium of instruction in all educational institutions in the National Education System, except for national-type schools created under Section 28 or others given exemption by the education minister.

Also, under Section 17, educational institutions that do not use the national language as the main medium of instruction have to teach it as a compulsory subject.

Section 28 enables the education minister to establish both national schools and national-type schools.

National-type schools are defined in the Education Act as primary schools using Chinese or Tamil as the main medium of instruction, and where the national language and English are compulsory subjects.

Article 152(1)(a) states that the national language shall be the Malay language and that no person shall be prohibited or prevented from using (except for official purposes) or from teaching or learning any other language.

There is currently a separate lawsuit filed on December 16, 2019 by Gabungan Pelajar Melayu Semenanjung (GPMS) and the Islam Education Development Council (Mappim) to challenge the constitutionality of vernacular school, and which will come up for case management on February 18.