THE use of other languages as mediums of instruction in vernacular primary schools does not violate the Federal Constitution as the national language is taught as a compulsory subject in those schools, the Court of Appeal heard today.

Senior federal counsel Liew Horng Bin, representing the education minister and the government, submitted that those schools must also conform with common syllabi.

He said the use of other languages as the medium of instruction in vernacular schools is historically recognised and expressly provided for in article 152 of the Federal Constitution.

In defending the decisions of the High Court, the lawyer contended a detailed examination of the relevant historical documents and events was crucial to a proper understanding of article 152.

Liew said article 152 of the Federal Constitution places Bahasa Malaysia as the national language, while preserving and sustaining the use of other languages in the education system.

He said the relief sought by Islamic Education Development Council (Mappim), Confederation of Malaysian Writers Association (Gapena), Ikatan Muslimin Malaysia (Isma) and Ikatan Guru-Guru Muslim Malaysia (I-Guru) was against the drafters’ intention based on constitutional history.

The appeals brought by Mappim, Gapena, Isma and I-Guru are being heard by a three-member panel comprising Supang Lian, M. Gunalan and Azizul Azmi Adnan.

On December 29, 2021, then High Court judge Mohd Nazlan Mohd Ghazali dismissed the suits brought by the Federation of Peninsular Malay Students (GPMS), Mappim, Gapena and Isma. GPMS did not file the appeal at the Court of Appeal.

He ruled the existence and establishment of vernacular schools and the use of Mandarin and Tamil languages in those schools were constitutional.

On May 29 last year, then Kota Bharu High Court judicial commissioner Abazafree Mohd Abbas ruled the existence of vernacular schools is constitutional and he dismissed the suit filed by I-Guru.

In the suit filed in December 2019, GPMS, Mappim and Gapena and Isma sued several parties including the government. Among them were Chinese educationist groups Dong Zong and Jiao Zong, Persatuan Thamizhar Malaysia and Persatuan Tamilar Thirunal (Perak).

I-Guru sued the education minister and the government, seeking a declaration section 28 and section 17 of the Education Act 1996 are inconsistent with article 152 of the Federal Constitution, and are void and of no effect.

The Malaysia Chinese Language Council, the Malaysia Tamil Neri Kalagam Association, the Confederation of Former Tamil School Pupils, MCA and Dong Zong were allowed to become interveners in the suit filed by I-Guru.

The court also heard submissions today from parties including counsel Shaharudin Ali, representing I-Guru, and lawyer Bastian Vendargon, appearing for the Malaysia Chinese Language Council, the Tamil Neri Kalagam Association and the Confederation of Former Tamil School Pupils.

Shaharudin said based on the government’s latest education blueprint, nearly all Chinese students go to Chinese schools and six out of 10 Indian students go to Tamil schools. He questioned whether this divisive situation can contribute to the development of a strong, united and harmonious country.

Vendargon argued judge Nazlan was correct when he decided the relevant provisions of the Education Act 1996 did not infringe article 152 of the Federal Constitution.

Judge Supang fixed August 29 for case management to set a date to continue the hearing of the appeals. – Bernama, August 24, 2023.