KUALA LUMPUR – Several non-governmental organisations have filed a leave application with the Federal Court, over issues involving the usage of Bahasa Melayu as the main medium of instruction in vernacular schools, citing Clause 152 (1) of the federal constitution.
Amelda Fuad Abi & Aidil, the firm representing the Islamic Education Development Council (Mappim) and the Confederation of Malaysian Writers Association (Gapena), according to the application filed on December 19.
Its notice of motion named the education minister and the government as the first and second respondents, respectively.
It also listed 10 other respondents, including MIC (4th), MCA (5th), as well as educationist groups Jiao Zong (6th) and Dong Zong (7th).
This came after the Court of Appeal upheld the Kuala Lumpur and Kota Bharu High Courts’ ruling that using Chinese and Tamil languages in vernacular schools does not violate the federal constitution.
The court said “vernacular schools” are not defined as “public authorities”, and therefore are not bound by Article 152 of the federal constitution to use the national language as their main medium of instruction.
The firm said Mohamed Haniff Khatri Abdulla will remain as the lead counsel for Mappim and Gapena when the trial commences, alongside other counsels.
Meanwhile, the firm also stressed that neither Mappim nor Gapena opposed the mastery of “tertiary” languages, but held that the languages cannot be used to replace Bahasa Melayu as a main medium of instruction.
“We are also instructed to emphasise that both Mappim and Gapena support all efforts to increase the mastery of third languages – be it Mandarin, Tamil, Arabic, Kadazan, or any other language such as Japanese and Korean – through teaching and learning as subjects.
“But, (they) dispute such foreign languages from being made as the main medium of instruction in any public educational institution that receives public funds.
“(This is) because it would conflict with the position of Bahasa Melayu as the national language, which must be used for all official purposes,” it said. – December 21, 2023