Malaysia’s Federal Court upholds constitutional right of vernacular schools to teach in Chinese, Tamil

Malaysia’s Federal Court ruled that vernacular schools are constitutional in a majority two-one decision

The ruling, dismisses the appeal of 2 NGOs which sought to declare the use of Chinese and Tamil as the language of instruction was unconstitutional

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School children waving Malaysian flags. Malaysia’s Federal Court ruled it is legal for primary schools to teach in Mandarin, and Tamil. Photo : Malaysian Chinese Association/Handout

Published: 8:06pm, 20 Feb 2024Updated: 8:09pm, 20 Feb 2024

Malaysia’s Federal Court has ruled that vernacular schools are constitutional in a majority two-one decision, dismissing the appeal of two non-governmental organisations (NGOs) which sought to declare that the use of Chinese and Tamil languages as the medium of instruction in vernacular schools goes against the Federal Constitution.

A three-member Federal Court bench chaired by Judges Mary Lim Thiam Suan denied a leave to appeal by the Islamic Education Development Council (Mappim) and the Coalition of National Writers’ Association (Gapena), reported Sin Chew Daily.

Justice Lim and Justice Rhodzariah Bujang dismissed the application of both petitioners, while Justice Abdul Karim Abdul Jalil dissented.

This meant that the Court of Appeal’s decision on November 23, 2023, which ruled that vernacular schools in the country were constitutional, stands.

In delivering the majority decision, Justice Lim said that the court found that Mappim and Gapena failed to meet the requirements under Section 96(a) of the Courts of Judicature Act 1964 to be granted leave to appeal on constitutional matters amended by the petitioners.