On Monday, 31st October 2011, The Court of Appeal declared as unconstitutional a provision in the Universities and University Colleges Act (UUCA) 1971 which restricts students from expressing support for or opposition against a political party.
In a landmark 2-1 majority decision, the 3-man panel held that Section 15 (5)(a) of the UUCA restricted freedom of expression which is guaranteed under Article 10 of the Federal Constitution.
The New Straits Times of Tuesday, 1st November 2011, reports on the bold judgment of Datuk Mohd Hishamudin:
Hishamudin, in his judgment, said freedom of expression was one of the most fundamental rights that individuals enjoyed for the existence of democracy and the respect of human dignity.
He said in the present case, he failed to see in what manner the section related to public order or public morality. The judge also said he did not find the restriction to be reasonable.
“I am at a loss to understand in what manner a student who expresses support for, or opposition against, a political party could harm or bring about an adverse effect on public order or public morality.”
Hishamudin asked: “Are not political parties legal entities carrying out legitimate political activities? Are not political leaders, including ministers and members of the federal and state legislature, members of political parties?”
He said the section impeded the healthy development of the critical and original thoughts of students – objectives that seats of higher learning should strive to achieve.
“Universities should be the breeding ground of reformers and thinkers, and not institutions to produce students trained as robots. Clearly, that provision is not only counter productive but repressive in nature.”
We trust that the government will not appeal against this landmark decision.
The Micah Mandate is a Christian-based public interest advocacy ministry that seeks a transformation of our nation through justice, mercy and humility.
