The Conclusion of Phase 1: Challenging the Validity of Vernacular Schools

After a journey spanning over four years and four months, the first phase of the challenge against the validity of Vernacular Schools has come to an end. It all began on October 23, 2019, when I filed a lawsuit at the Federal Court to contest the legitimacy of Vernacular Schools.

Initially, my lawsuit was dismissed, but it was followed by the filing of similar suits by four NGOs at the High Court. However, both the Kuala Lumpur High Court and Kota Bahru High Court rejected all these lawsuits. Undeterred, we appealed these decisions at the Court of Appeal, only to face another setback as our appeal was also dismissed.

Today, on February 20, 2024, with a majority decision of 2-1, the Federal Court refused permission to appeal against the decision of the Court of Appeal, marking the conclusion of this first phase.

I extend my gratitude to all who have shown concern for this case, especially to the team of lawyers representing the parties in court, notably Hj Haniff Khatri and Aidil Khalid.

I do not mourn the court’s decision, which affirms that Vernacular Schools are protected under Article 152(1)(b) of the Federal Constitution, thereby relieving them of the obligation to use Malay as the primary medium of instruction, as stipulated in Article 152(1)(a). This is because Vernacular Schools are not Public Authorities as defined under Article 160 of the Federal Constitution.

Therefore, despite this being the final decision of the court, there is a glimmer of success in this outcome. It confirms that the Vernacular Schools existing today are not Public Authorities.

Thank you.

Note From

Buzze Azam
February 20, 2024