Written by Stan Lee, Politics Now!
KUALA LUMPUR (Politics Now!) - Using Chinese and Tamil languages as the medium of instruction in vernacular schools is constitutional, rules the Appeals Court as it throws out the case raised by four Malay-based NGOs.
But the fight will still go on, as the NGOs vow to appeal again - this time to the apex Federal Court - in the latest sign of how institutionalized and engrained racism and extremism has become in Malaysia, where the name of the game in its hyperactive political scene is pitting the Malays against the non-Malays.
“It is confirmed that the appeal will be filed. But, we will decide how many parties will be in the appeal,” Mohamed Haniff Khatri, lawyer for the NGOs, said when met by reporters after the verdict was delivered on Thursday (Nov 23).
“We will decide whether the appeal will be filed jointly or separately because this involves a high cost."
According to Haniff, who is also well-known as former premier Mahathir Mohamad's lawyer, the interpretation of Article 152(1) of the Federal Constitution did not allow public schools to use any other languages aside from Bahasa Malaysia.
“That is our stand on what is expressed in writing in Article 152. So, we will try to go to the Federal Court,” he added.
BACKDOOR WAY TO BAN VERNACULAR SCHOOLS - BUT HOW DOES IT BENEFIT THE MALAYS?
Yet such suits have been dismissed many times through the years. As Haniff said, the legal costs are not cheap - and speculation has always surrounded the identity and motives of the funders behind the NGOs.
"Some see it as a backdoor way to ban vernacular schools, which are protected by the Federal Constitution. Of what use are mother-tongue schools when you can't teach in Chinese or Tamil? It is most ridiculous and a mischievous waste of the court's time," a political observer told Politics Now!
"Of what benefit is it to Malays to ban vernacular schools, nobody knows! Only the Malay politicians do it to incite the Malays, to show they are fighting for the Malays but how do Malays gain if vernacular schools are banned? Will they get smarter or get more quotas? No, right? All it brings is more racial disunity at a time when the economy is sliding and competing for the bottom spot in ASEAN. These guys need to have more common sense."
A three-member Appeals panel comprising Justices Supang Lian, M. Gunalan and Azizul Azmi Adnan had handed down the decision.
According to Justice Azizul, vernacular schools were not a public authority and, as such, the use of Tamil and Mandarin languages as the medium of instruction for teaching in those schools was constitutional.
WHO ARE THE POLITICIANS BEHIND THE MALAY NGOs
The appeal was filed by four NGOs - Mappim, Gapena, Ikatan Muslimin Malaysia (Isma) and Ikatan Guru-Guru Muslim Malaysia (I-Guru) after the Kuala Lumpur and Kota Baru High Courts had dismissed their suits in December 2021 and May 2022.
On Dec 29, 2021, Kuala Lumpur High Court Judge Mohd Nazlan Mohd Ghazali ruled that the existence and establishment of vernacular schools and the use of Mandarin and Tamil languages at those schools were constitutional.
In May 29 last year, Kota Baru High Court Judicial Commissioner Abazafree Mohd Abbas also ruled that the existence of vernacular schools was constitutional and dismissed the suit filed by I-Guru.
Reflecting how unwieldly, complex and huge the web of cases have become, four of the Malay NGOs - GPMS, Mappim, Gapena and Isma had sued several parties including the government and Chinese educationist groups Dong Zong, Jiao Zong, Persatuan Thamizhar Malaysia and Persatuan Tamilar Thurunal (Perak).
I-Guru, meanwhile, sued the education minister and the government of Malaysia, seeking a declaration that Section 28 and Section 17 of the Education Act 1996 are inconsistent with Article 152 of the Federal Constitution and are therefore void and of no effect.
Some of the NGOs are also believed to have links to Umno, a key component party in Prime Minister Anwar Ibrahim's ruling coalition, as well as to Pas, the largest Malay political party in the country.
WHAT SAYS ANWAR, UMNO, PAS & BERSATU?
Meanwhile, Deputy Entrepreneur Development and Cooperatives Minister K. Saraswathy called the decision historic.
“We hope the plaintiffs will not appeal the decision after this as it has been decided that these rights (vernacular schools) are enshrined under the Constitution,” she said.
“Constitutional rights should not be disputed by any parties as it will not bring any benefit to the country. As a member of the government, I welcome this decision and this is a good decision for the Education Ministry as well."
According to MCA secretary-general Chong Sin Woon, today's verdict shows vernacular schools are not only enshrined in the Federal Constitution but had existed before independence from British colonial rule..
“I hope this clear decision will clear the air and there will be no doubts that the multiple education streams will not create any polarisation as disputed,” said Chong.
“We should move on and not play up such issues."
But what says Anwar, Umno, and the PN opposition bloc?
Written by Stan Lee, Politics Now!
Politics Now!
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