A PUPIL and a Kuching lawyer have filed an application for a judicial review and a leave to annul the Education Ministry decision on the compulsory teaching of Islamic calligraphy, khat, in government primary schools.

The 10-year-old primary 4 pupil, Korlous Longer, and lawyer Dominique Ng stated in their application filed in a Kuching high court that by making the learning of khat compulsory, it contravened Article 12 (3) on a person’s right to education in the federal constitution. 

Article 12(3) states: “No person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own.

“Khat is an Islamic calligraphy,” Ng, who is acting as Korlous’ counsel, said.

Judicial commissioner Alexander Siew this morning gave both parties, including respondent Jessica Lee of the Attorney-General’s Chambers, to file their written submissions by October 5.

The hearing has been set for October 7.

Outside the courtroom, Ng said making the learning of khat compulsory is an attack on a person’s rights.

“It may not be a full-frontal attack but it is a sly side attack. Slowly and surely, we will all become a fait accompli in this issue.

“We have nothing against khat per se but this is an infringement of a person’s constitutional rights. 

“There would be no issue if the learning is optional. The circular on the curriculum states students must master the khat.

“(So) this case is of constitutional importance,” Ng said.

Lee in her arguments said the application should be tossed out as it was filed “out of time”.

It meant the application should have been made within three months of the government’s January 2 decision to make the highly contentious teaching and learning compulsory.

The deadline would have been on April 2.

Ng, in reply, stated the imposition of the movement control order (MCO) to tackle the Covid-19 pandemic had affected the judiciary.

Ng however, also applied for leave to be granted under Order 53 Rule 3(7) of the Rules of Court that the judicial review out of time due to the outbreak of Covid-19. – September 21, 2020.