PETALING JAYA: The High Court in Kota Bharu today allowed 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 Ikatan Guru-Guru Muslim Malaysia, said Judge Wan Ahmad Farid Wan Salleh allowed the application to revive an orginating summons that was struck off on Oct 25 last year.
“The court has fixed Feb 28 for the next case management on the application by the Attorney-General’s Chamber to transfer the case to a High Court judge in Kuala Lumpur,” he said.
The intention of the application is to consolidate all such cases to a judge in Kuala Lumpur.
Shaharudin said his client would oppose the government’s application because “we take the position that the judge in Kota Bharu has the jurisdiction and is competent to determine the constitutional issues posed to the court.”
The plaintiff, Mohd Azizee Hasan, the group’s president, filed the suit on behalf of his organisation in February last year. 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 last year. 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.- FMT