FIFTEEN years ago, four Universiti Kebangsaan Malaysia (UKM) students went to court and won a landmark ruling against the law that barred them from political activity. With the Universities and University Colleges Act 1971 (Auku) now set to be scrapped altogether, the “Auku 4” are back in focus.
Auku was enacted in 1971 to provide for the setting up, maintenance, and administration of universities and university colleges. Its restrictions on students’ political activity were significantly tightened through amendments in 1975.
For decades it also kept students out of politics. Section 15(5)(a) barred any student from expressing support for, sympathy with, or opposition to any political party, whether in Malaysia or abroad.
The provision was broad enough that students could face disciplinary action simply by being at a political events.
That was what happened to Woon King Chai, Muhammad Hilman Idham, Muhammad Ismail Aminuddin, and Azlin Shafina Mohamad Adza, all political science students at UKM.
In April 2010, the four were in Hulu Selangor during the campaign for the parliamentary by-election, which was set for April 25. Police detained them on April 22.
UKM began disciplinary action against them under Section 15(5)(a), with expulsion a real prospect after three years of study. The university later cleared them.
By then, the four had gone to court to challenge the section itself.
The Kuala Lumpur High Court dismissed their challenge on Sept 28, 2010, and upheld the section. They appealed.
On Oct 31, 2011, the Court of Appeal ruled in their favour by a two to one majority, declaring Section 15(5)(a) unconstitutional for breaching the freedom of expression guaranteed under Article 10 of the Federal Constitution.
Justice Linton Albert and Justice Hishamuddin Yunus formed the majority that struck down the provision. Justice Albert noted that the law resulted in an “utter absurdity”. Justice Low Hop Bing dissented.
The government appealed to the Federal Court, but by then Section 15(5)(a) had been repealed. The Federal Court subsequently dismissed the appeal in 2012 after the issue became academic.
The provision was repealed in June 2012, while wider amendments to Auku’s Section 15 came into force on Aug 1, 2012, allowing students to participate in political parties outside campus.
Now Woon and Hilman find themselves watching that same law being put under the spotlight with pledges by Putrajaya for it to be taken off the books entirely.
