PUTRAJAYA: Vernacular schools are protected under the Federal Constitution, hence the judgment of the Court of Appeal should not be disputed, say stakeholders.
The ruling solidifies the legal standing of vernacular education, underscoring the fundamental right of all ethnic communities to pursue mother tongue education and the parental right to choose schools for their children – both of which are protected by the rule of law, said MCA secretary-general Datuk Chong Sin Woon.
“The court ruling has made clear that the use of Tamil or Mandarin in vernacular schools is not against the Federal Constitution and MCA asserts that all ethnic groups have the right to mother tongue education.
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“The ruling will put an end to notions that multiple education streams would create polarisation,” he added.
Any attempt to undermine vernacular schools not only contradicts the core principles of Malaysia and established legal provisions but also antagonises the rakyat, said Chong.
“In the event the appellants decide to further appeal the case to the Federal Court following the aforementioned judgement by the Court of Appeal, MCA will continue to defend the position of vernacular schools through its legal team,” said Chong.
MCA, he added, is resolute in its commitment to protecting and promoting mother tongue education.
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“Our party is prepared to confront any individuals or groups seeking to eradicate vernacular schools, thus ensuring, as always, the continued flourishing of mother tongue education across the nation,” added Chong.
MCA publicity bureau chairman Chan Quin Er said the Appellate Court’s decision means vernacular schools are protected under Article 152 of the Federal Constitution.
“Not only has the appellate court ruled that the use of Chinese and Tamil in vernacular schools is not unconstitutional, it also upholds that vernacular schools are subject to protection under Article 152 of the Constitution.
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“This is a very resounding and clear judgment. We hope this puts a stop to any future challenges to the existence of vernacular schools,” Chan said, adding that vernacular schools had even existed before independence.
Meanwhile, Deputy Entrepreneur Development and Cooperatives Minister K. Saraswathy welcomed the court of appeal’s decision, describing it as historic.
“Constitutional rights should not be disputed by any parties as it will not bring any benefit to the country,” she added.
At the courts yesterday morning, lawyer Mohamed Haniff Khatri Abdulla, who is representing all appellants, said a notice of appeal will be filed within 30 days against the appellate court’s ruling, as further details needed to be finalised by the appellants.
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“We will decide whether the appeal will be filed jointly or separately. Because this involves a high cost,” said Mohamed Haniff, adding that a leave application to the court ruling will have to be filed before there can be an appeal.
“Every document and appeal will involve separate applications ... So, we will discuss with our clients the Islamic Education Development Council (Mappim) and the Confederation of Malaysian Writers Association (Gapena),” said Mohamed Haniff.
Mohamed Haniff also said interpretation of Article 152(1) of the Constitution did not allow public schools 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 Federal court (for appeal),” added Mohamed Haniff.
Separately, Deputy Education Minister Lim Hui Ying said Chinese and Tamil vernacular schools will continue operating and using the languages as its medium for instruction in teaching.
“The Education Ministry welcomes the decision this morning that unanimously dismissed the appeal filed by four NGOs that the use of Chinese and Tamil languages in vernacular schools is unconstitutional,” she told Parliament yesterday.
United Chinese School Teachers’ Association (Jiao Zong) president Cheah Lek Aee welcomed the ruling, saying resources were wasted since the case began in December 2019 and the matter had affected racial harmony and unity, which is detrimental to nation building.
“After we achieved independence, Chinese and Tamil primary schools became part of the country’s education system and were included in the Education Act.
“So any attempt to challenge the constitutionality of vernacular schools were of bad faith, aimed at causing racial discontent and spreading hate,” Cheah said.
United Chinese School Committees’ Association of Malaysia (Dong Zong) president Tan Tai Kim said the landmark judgment not only underscores the legitimate position of multi-stream education in the nation, but also upholds the equitable rights.
“This development serves to fortify the unique traits of our diverse society, which play a crucial role in advancing national growth and fostering harmony,” Tan added.
