Ikatan Guru-Guru Muslim Malaysia is referring to the Federal Court the question of whether Sections 17 and 28 of the Education Act 1996, which allow the minister in charge of education to establish vernacular schools, violate Article 152 (1)(a) of the Federal Constitution.

The plaintiff, Mohd Azizee Hasan, president of Ikatan Guru-Guru Muslim Malaysia, filed his interlocutory application at the Kota Bharu High Court yesterday.

The applicant also seeks to clarify whether the words “official purpose” in Article 152, held by the Federal Court in the case of Merdeka University Bhd v Government of Malaysia (1982) to apply to institutions of higher learning, apply equally to primary and secondary schools.

Article 152, which states that Malay is the national language of Malaysia, goes on to state that the medium of instruction in government institutions should be Malay.

Among the defendants named in Azizee’s application are the education minister and the government.

Defendants also include MCA, the United Chinese School Committees’ Association of Malaysia (Dong Zong), United Chinese School Teachers’ Association of Malaysia (Jiao Zong), Malaysian Chinese Language Council, Tamil Language Association and Confederation of Former Tamil School Pupils.

Lawyer Shaharudin Ali who is appearing for the plaintiff, said he expected the High Court to fix a date for the referral case soon.

The plaintiff had previously filed a suit to challenge vernacular schools in the country on behalf of his organisation in February last year.

Gabungan Pelajar Melayu Semenanjung and Majlis Pembangunan Pendidikan Islam Malaysia filed similar suits in February 2020. Ikatan Muslimin Malaysia also filed a similar cause of action in March.