Lawyer takes vernacular school challenge to high court
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A LAWYER has vowed to continue his fight to prove that vernacular schools are unconstitutional, after the Federal Court dismissed his bid.
“My struggle to challenge the legitimacy of vernacular schools is not over,” said Mohd Khairul Azam Abdul Aziz, who is also Parti Bumiputera Pesaka Malaysia (Putra) vice-president, in a Facebook post today.
Putra is led by former Pasir Mas MP Ibrahim Ali, who also headed Malay rights group Perkasa.
“What happened was that the Federal Court declined to hear the case under Article 4(4) of the federal constitution,” said Khairul in the post, written in Bahasa Malaysia, Chinese and Tamil.
“What has yet to be done is filing the case under Article 4(1) of the federal constitution at the high court. And, the legal merits have not been heard or decided upon by the Federal Court.
“The case has not ended. It has only just begun.”
Yesterday, Chief Judge of Malaya Azahar Mohamed dismissed Khairul’s leave application on the grounds that it is within Parliament’s power to form vernacular schools.
The application was to challenge Parliament’s authority to pass amendments to Sections 17 and 28 of the Education Act 1996, on matters related to language.
Khairul argued that Chinese and Tamil schools’ use of their own languages as the medium of instruction goes against Article 152(1) of the federal constitution, which states that Bahasa Malaysia is the national language.
Azahar ruled that Parliament has clear powers in terms of education and auxiliary matters, such as the languages used as the medium of instruction.
Obtaining leave from the Federal Court was necessary for Khairul to challenge Parliament’s competency to pass laws.
Now planning to fight his case starting at the high court, the lawyer said Chinese newspapers should not have “celebrated the false victory” of yesterday’s apex court ruling.
“It does not matter. This is all racial propaganda. They may have print media, but I have Facebook and WhatsApp, which have a bigger reach.”
Deputy Education Minister Teo Nie Ching said the Federal Court decision should put a stop to questions on the legality of vernacular schools.
“I hope that the applicant will stop challenging vernacular schools, because as said by many leaders, these schools are an asset for diversity in Malaysia,” she said following the ruling. – November 12, 2019.