KUALA LUMPUR: The proposed One Higher Education Act (OHEA) to replace the Universities and University Colleges Act (Auku) 1971 will provide a special status to protect the academic freedom of academics, the Dewan Rakyat heard.
Deputy Higher Education Minister Adam Adli Abd Halim (pic) said the measure will allow academics’ roles to go beyond a basic employer-employee relationship.
"We are looking at whether we can establish any council or independent panel to review appointments, decisions and the operations and administration of universities, including matters relating to university autonomy, academic affairs and course offerings," he said during the question-and-answer session on Wednesday (Nov 4).
"This is why laws such as the Statutory Bodies (Discipline and Surcharge) Act 2000 (Act 605) have also been included among the seven legislations currently under review and which could be consolidated under OHEA.
"We are studying these matters and are confident that the views gathered will help shape a new Act that will leave a better legacy for the country's higher education sector."
In a supplementary question, Dr Abd Ghani Ahmad (PN-Jerlun) asked about the extent to which universities would be free to make their own decisions without being bound by ministerial decisions under OHEA; the protection of lecturers from administrative pressure; and the implementation of checks and balances on university management powers.
Adam Adli said the repeal of Auku must be carried out in a planned and phased manner to ensure there are no legal gaps affecting the continuity of governance and operations at public universities.
He said that while the process of drafting a new legal framework was underway, his ministry had taken immediate measures, effective Aug 27, including the immediate suspension of all disciplinary proceedings at public universities relating to freedom of speech, the expression of views, public criticism and peaceful assembly.
In addition, the government was considering targeted amendments to Auku, particularly provisions relating to students under Sections 15 to 16B, to expand freedom of speech, assembly and association, he said.
"These initial measures reflect the government's commitment to immediately expand students' freedoms, in line with efforts to comprehensively reform the country's higher education landscape," he said.
He was responding to Datuk Seri Ismail Sabri Yaakob (BN-Bera) who sought the government's assurance that the repeal of Auku would not create legal loopholes or uncertainty in university administration.
