Malaysian ex-students sue absent teacher, win nearly US$11,000 each in damages

The teacher in question had failed to turn up to class for months, a court heard. Malaysia’s education minister was also among the defendants

A judge ruled that the teacher’s absence had violated the three students’ access to education guaranteed to them under the federal constitution

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Students study their workbooks at a school on the outskirts of Kuala Lumpur. The plaintiffs in the case (not pictured) successfully sued their teacher – as well as the school principal, the education minister, education ministry director general and the government – for violating their constitutional right to education. Photo: Reuters

Published: 12:33pm, 2 Aug 2023Updated: 12:53pm, 2 Aug 2023

A group of three ex-students of a secondary school in Malaysia have successfully sued their former English teacher – as well the school principal, the education minister, education ministry director general and the government – for violating their constitutional right to education.

The teacher in question had failed to turn up to class for months, Kota Kinabalu High Court heard.

The plaintiffs – Rusiah Sabdarin, Nur Natasha Allisya Hamali and Calvina Angayung, now all 22 years old – took the unprecedented move of bringing their former teacher to court for not attending classes while they were in Form 4, or the tenth grade.

Among the declarations was that the teacher and the four other defendants were in breach of their statutory duties under the Education Act 1996 by failing to prepare the three women for examinations.

Justice Leonard David Shim of the Kota Kinabalu High Court ruled on July 18 that the three former students had been successful in their legal action.