PUTRAJAYA: The Court of Appeal’s ruling that vernacular schools are constitutional should not be disputed and should put an end to notions that multiple education streams would create polarisation, says Datuk Chong Sin Woon.
Welcoming the ruling, the MCA secretary-general told reporters at the Palace of Justice on Thursday(Nov 23) that it is clear that vernacular schools are enshrined by the Federal Constitution and had existed before Independence.
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“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,” he said.
“We should move on and not play up such issues,” he added.
Meanwhile, Deputy Entrepreneur Development and Cooperatives Minister K. Saraswathy, who also spoke at the press conference, called the decision historic.
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“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,” he added.
The Court of Appeal ruled on Thursday (Nov 23) that vernacular schools are constitutional, dismissing the appeal of four non-governmental organisations (NGOs) that sought to declare that the use of Chinese and Tamil languages as the medium of instruction in vernacular schools went against the Federal Constitution.
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A three-member panel comprising Justices Supang Lian, M. Gunalan and Azizul Azmi Adnan handed down the decision.
In the court’s decision, Justice Azizul said 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.
Mappim, Gapena, Ikatan Muslimin Malaysia (Isma) and Ikatan Guru-Guru Muslim Malaysia (I-Guru) were appealing against the decision of the Kuala Lumpur and Kota Baru High Courts that dismissed their suits in December 2021 and May 2022, respectively.
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On Dec 29, 2021, Kuala Lumpur High Court Judge Mohd Nazlan Mohd Ghazali, now a Court of Appeal judge, dismissed the lawsuits brought by the Federation of Peninsular Malay Students (GPMS), Mappim, Gapena and Isma. GPMS did not file an appeal.
Mohd Nazlan 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, who is now a High Court judge, also ruled that the existence of vernacular schools was constitutional and dismissed the suit filed by I-Guru.
In the suit filed in December 2019, GPMS, Mappim and Gapena and Isma sued several parties including the government.
They included Chinese educationist groups Dong Zong and 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
The Malaysia Chinese Language Council, the Malaysia Tamil Neri Kalagam Association, the Confederation of Former Tamil School Pupils, MCA and the United Chinese School Committees Association of Malaysia (Dong Zong) were allowed to become interveners in the suit filed by I-Guru.
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