Sabah students triumph as absentee teacher loses lawsuit

Three students, who took legal action against their former English language teacher in Kota Belud, Sabah, have emerged victorious in the High Court case. The court ruled that the defendants breached their statutory duties and violated the students’ constitutional right to education.

The judgment, delivered through e-review on July 18, was made public by the plaintiffs’ lawyer, Sherzali Herza Asli, the following day. The students – Rusiah Sabdarin, Nur Natasha Allisya Hamali, and Calvina Angayung – had taken legal action against their former English teacher, Mohd Jainal Jamran, as well as Suid Hanapi (SMK Taun Gusi principal), the Education director-general, the Education Minister, and the government.

Justice Leonard David Shim, in his ruling, stated that the students had successfully proven their case. After considering evidence and submissions from both parties, he granted the students’ claims. Among the declarations made were that the five defendants had failed in their duties under the Education Act 1996 by neglecting to adequately prepare the three students for examinations.

The court also found that the principal had violated his duties under the Public Officers (Conduct and Discipline) Regulations 1993. Justice Shim stated that the defendants’ actions infringed upon the students’ right to education as guaranteed by the Federal Constitution.

As a result, each of the three students will be awarded nominal damages totaling RM30,000, to be paid jointly and severally by all five defendants. Additionally, the court granted aggravated damages of RM20,000 to each student, with interest of 5% per annum from the date of judgment to the date of full and final payment.

Given that this case involves a fundamental constitutional right to education and matters of public interest, Justice Shim decided not to make any orders regarding costs.

In December 2020, the three students filed the lawsuit against their former teacher at SMK Taun Gusi. They accused the teacher of failing to fulfill their teaching duties for a period of seven months in 2017, when the students were 16 years old.

These students, who are now 22, are part of two separate lawsuits against the same teacher by former students of the school. The first lawsuit was filed by Siti Nafirah Siman in October 2018 and the trial, presided over by Justice Ismail Brahim, is scheduled to continue on August 16.

These lawsuits stemmed from a campaign initiated by Sabah-based NGO Tiada.Guru, which aims to promote students’ right to quality education and raise awareness about teacher absenteeism, particularly in rural areas of Sabah.