Minister must abide by the law when appointing vice-chancellors


THE announcement in parliament by Minister of Higher Education Mohamed Khaled Nordin that he will retain what he sees as his prerogative to appoint university vice-chancellors appears as another indication that government control over universities will continue.

Also, the statement appears to be another retreat from the 11 resolutions he made less than one month ago. One of which pledged to strengthen the leadership in universities.

Our opinion is the word “prerogative” does not quite describe the statutory power of appointment vested on the minister by the Universities and University Colleges Act 1971.

Like all powers of appointment, they must conform to the statutory terms upon which they are given, and exercised accordingly.

We feel compelled to draw the minister’s attention to section 4A of the act, which requires the minister to appoint a committee to advise on any appointments made according to the act.

It is our view that appointments of vice-chancellors must also conform to and strengthen the autonomous position of universities.

While university autonomy may not be an attribute that is supported by the bureaucracy, it is nonetheless one that is firmly recognised by the Malaysian courts.

Hence, the power cannot be exercised to appoint someone as a delegate of the minister.

Instead, it must be to select someone with the proven experience and leadership to head a university as an autonomous institution.

What is needed now is a strengthening of that advisory role to ensure that the best candidates are chosen to lead our public universities at this critical juncture.

The committee must be composed of higher education experts, with a diverse range of perspectives and experiences.

They should have a deep understanding of the challenges facing higher education today, including the impact of emerging technologies like artificial intelligence, the Covid pandemic, and the need for greater equity and access.

These events have exposed weaknesses in our higher education system. They point to the need for an urgent review of processes and their impact on the position of students.

Needless to say, it is important for the minister to take a more comprehensive approach to the appointment of vice-chancellors, one that is informed by the needs and aspirations of students, faculty, and staff, as well as wider society.

This is a critical responsibility, and it is essential that the advisory committee is given the necessary resources and support to carry out its duties effectively.

This will help to ensure that the appointments are made in a transparent and merit-based manner, consistent with the principles of autonomy established by the act.

We thus re-emphasise that Khaled must adopt a more collaborative approach.

By doing so, we can create a higher education system that truly serves the needs of all students and helps to build a brighter and more prosperous future for our country.

It is also imperative that we review the position of higher education in this country, and work towards creating a more equitable and inclusive system, which must include the issues raised above. – March 11, 2023.

* Gerak is a civil society group.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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