The Court of Appeal has ruled that the use of Chinese or Tamil as a medium of instruction in national-type schools is protected by Article 152 of the Federal Constitution. The government can “preserve and sustain” the use and study of these languages, according to the ruling.
The Court stated that national-type schools, also known as vernacular schools, are not public authorities. Therefore, the use of Tamil or Chinese in these schools as a medium of instruction is not prohibited or contrary to the Constitution.
Unanimous decision: (From left) Justices Azizul Azmi, Lian and Gunalan formed the three-member panel. — Photo sourced from Portal Rasmi Pejabat Ketua Pendaftar Mahkamah Persekutuan Malaysia
Judge Justice Azizul Azmi Adnan, delivering a unanimous decision by a three-member panel, stated that the provision under Article 152(1)(b) has the effect of “grandfathering” the use of other languages at the time of the proclamation of Merdeka, due to the words “preserve and sustain”.
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The ruling explained that a grandfather clause is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. It highlights that Article 152 allows the use, teaching, and learning of languages other than Malay for non-official purposes.
Justice Azizul Azmi emphasized that it would not be appropriate for the courts to interfere in education policy, as it is connected to the government’s policies. He also added that it is not the role of the courts to review the policies of the government.
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The Court of Appeal also noted that the intent of Parliament serves as a guide for interpreting legislation, and the court’s role is to determine whether the legislation is inconsistent with the Constitution, as claimed by the NGOs.
Justice Azizul Azmi made no order as to costs and directed that parties bear their own costs as the matter was of public interest. The four NGOs that filed the appeals were the Islamic Education Development Council (Mappim), the Confederation of Malaysian Writers Association (Gapena), Ikatan Muslimin Malaysia (Isma) and Ikatan Guru-Guru Muslim Malaysia (I-Guru).
They had challenged the constitutionality of vernacular schools and the use of Chinese and Tamil in these schools.
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On December 29, 2021, the Kuala Lumpur High Court judge Justice Mohd Nazlan Mohd Ghazali dismissed the lawsuits brought by the Federation of Peninsular Malay Students (GPMS), Mappim, Gapena and Isma, ruling that the existence and establishment of vernacular schools and the use of Chinese and Tamil languages at these schools was constitutional.
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On December 29, 2021, the Kuala Lumpur High Court judge Justice Mohd Nazlan Mohd Ghazali dismissed the lawsuits brought by the Federation of Peninsular Malay Students (GPMS), Mappim, Gapena and Isma, ruling that the existence and establishment of vernacular schools and the use of Chinese and Tamil languages at these schools was constitutional.
The ruling emphasizes that the government can indeed “preserve and sustain” the use of Chinese or Tamil in national-type schools as a medium of instruction, as provided in Article 152 of the Federal Constitution.
The decision was delivered by a three-member Court of Appeal panel, led by Justice Azizul Azmi Adnan, and it has been welcomed by the Education Ministry and various non-governmental organizations involved.
It is a significant ruling that upholds the rights of vernacular schools and the use of Chinese and Tamil as instructional languages in these schools, safeguarded under the provisions of the Federal Constitution.
