High Court Decides

Court: It’s OK to teach Science and Maths in English
By M. MAGESWARI
mages@thestar.com.my

KUALA LUMPUR: In a test case brought by four students, a High Court has ruled that it is constitutional for Mathematics and Science to be taught in English.

High Court (Appellate and Special Powers) judge Justice Mohd Zawawi Salleh decided yesterday that two circulars on the policy to teach Science and Mathematics in English in national and vernacular schools did not contradict Article 152 of the Federal Constitution. (Article 152 states that the national language shall be the Malay language.)

The suit, filed by Mohammad Syawwaal Mohammad Nizar, Mohammad Fadzil Nor Mohd Rosni, Nur Najihah Muhaimin and Syazaira Arham Yahya Ariff, sought a declaration that the circulars dated Nov 27, 2002 on the execution of the policy was unconstitutional, null and void and of no effect.

In addition, they sought to declare that the Government had no power and privilege to introduce, enforce and implement the policy.

They also sought to compel the Government to change or restore the policy according to the provisions of the Federal Constitution and written law.

In their originating summons, the students claimed that the policy had been enforced without taking into consideration Article 152 of the Constitution and laws like the National Language Act 1967 and Education Act 1996.

At the time of filing the suit on Jan 20, 2006, Mohammad Syawwaal was a Year Four student in SK Batu Tiga, while Mohammad Fadzil and Nur Najihah were Form Three students in SMK Tok Muda Abd Aziz and SMK Seri Perak, respectively. Syazaira Arham was a Form Four student in Madrasah Idrissiah.

The four filed the suit through their fathers Datuk Seri Mohammad Nizar Jamaluddin, Mohd Rosni Abu Bakar, Muhaimin Sulam and Yahya Ariff Kamaruzzaman.

Justice Mohd Zawawi dismissed their civil action with costs after hearing clarification by the parties.

The four students were represented by lawyer Mohamed Hanipa Maidin while Senior Federal Counsel Suzana Atan acted for the Government - the sole defendant.

Speaking to the media, Suzana said the judge dismissed the students’ originating summons because Malay language was still being maintained as the main medium of instruction in schools.

Mohamed Hanipa said the judge held that even if the Education Act stated that the Malay language should be the main language, it still meant that other languages could also be used in schools.

He said he would appeal against the ruling as it involved constitutional issues and public interest.

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