Malaysia Rises for Clean Education
litigation turns the lights on

Public interest litigation exposes long-dormant, hidden abuses. Prepare for the truth—prepare for the light.

QUICK FACTS

● Suit Number | BKI-2NCvC-101/10-2018 ⤤
● Date Filed | 29/10/2018
● Law Firm on Record | Messrs Roxana & Co
● Judge | High Court Judge YA Tuan Ismail bin Brahim ⤤
● Location | Malaysia in the High Court of Sabah and Sarawak at Kota Kinabalu

public interest litigation: critical for reform
THE PLAINTIFF
v. THE dEFENDANTS
high court statement
of claim summary
kota belud, sabah:
location context
timeline of the plaintiff's
statement of claim

WHY PUBLIC INTEREST LITIGATION...

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—for once, the government must defend its conduct to even the smallest of citizens.

For once, Malaysia is demanded to live up to its promises.

—for once, the people escape the iron grip of the executive branch (i.e., political parties).

For once, the judge is someone greater than a political Prime MInister.

—for once, judgements are public and final. No more backdoor "arrangements".

For once, evidence and its decisive truth are exposed to the world.

—for once, there is nowhere left for anyone to hide.

For once, every witness is summoned under critical eyes (not their colleagues) to claim their past deeds into record.

—for once, our lawyers and law are not called as weapons of the rich and powerful,

—but instead as guardians and warriors of the voiceless.

—for once, lawyers and law are not called to concentrate the resources of those already powerful,

—but instead to spread the wealth of justice to return wings of hope stolen from the defenseless.

—for once, lawyers and law are not called to legitimize the skirmishes of elites and their status,

—but instead to paint tapestries and murals of Malaysia's harshest and cruelest realities.

—for once, lawyers and law are not called to litigate "earnest debates" of legal minutiae,

—but to pierce veils of power, abuse, and self-interest that distort accountability to ensure limited-to-zero responsibility.

—for once, lawyers and law are not asked to jump for the highest bidder,

—but to stand their ground for the public, for the ordinary, for those yearning to breathe free, for people who've walked along the straight path.

...IS CRITICAL FOR REFORM

The Plaintiff

SMK Taun Gusi Student

Siti Nafirah binti Siman

Age during the events | 15 years old
Siblings | only daughter, youngest of five
Parents | raised by mother, father died at 7

The Defendants & Their Officers

1st Defendant | individual

SMK Taun Gusi English Teacher

Teacher Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

2nd Defendant | individual

SMK Taun Gusi Principal

Suid Hanapi

2012 → 2020

4th Defendant | District Education Officer of Kota Belud & Officers

Kota Belud District Education Officer

Mohd. Fadzli Rozan

2018 → present

Kota Belud District Education Officer

Abdul Bakhrin Yusof

2013 → 2018

District Language Unit Head

Catherine Benjamin

2015 → present

District Language Unit Head

Bees Satoh

xxxx → 2015

SMK Taun Gusi | Language Dept. Head & Teacher

Teacher Norhana Idek

2013 → 2019
Promoted after High Court Summon

SMK Taun Gusi | English Panel Head & Teacher

Teacher Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language Unit Head (temporary)

Shuraya Mantiar

2015 → 2015

5th Defendant | Director of Education Sabah & Officers

Director of Education Sabah

Dr. Mistrine Radin

2018 → present

Director of Education Sabah

Datuk Maimunah Suhaibul

2016 → 2018
Promoted after High
Court Summon

Director of Education Sabah

Datuk Jame Alip

2012 → 2016

Assistant-Director | English Unit

Muarifin Mochoeri

xxxx→ present

Head Assistant-Director | Academic Management Sector

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling of English Teachers

Wandamaria Lim

2014 → xxxx

6th Defendant | Director General of Education Malaysia & Officers

Director General of Education Malaysia

Dr. Habibah Abdul Rahim

2020 → present

Director General of Education Malaysia

Dr. Amin Senin

2017 → 2019

Director General of Education Malaysia

Khair Mohamad Yusof

2013 → 2017

School Management Unit Head

Juraida Umat

xxxx → present

Teacher Professionalism Unit Head

Datuk Maimunah Suhaibul

2018 → present
Promotion after High
Court Summon

Special Projects Head | School Management Unit

Rezuan Ahmad

xxxx → 2017‍

7th Defendant | Minister of Education Malaysia & Officers

Minister of Education

Dr. Radzi Jidin

2020 → present

Minister of Education

Dr. Mahathir Mohamad

2020 → 2020

Minister of Education

Dr. Maszlee Malik

2018 → 2020

Minister of Education

Mahdzir Khalid

2015 → 2018

Minister of Education

Muhyiddin Yassin

2009 → 2015

8th Defendant | Government of Malaysia

The Federal Government

LAWS
VIOLATED
PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS OF 1993

Regulations 3A, 3C(1), 3C(2), 23, 24, 25
‍Breached by D1 (1st Defendant), D2, D4, D5, D6, D7, D8

‍

EDUCATION ACT OF 1996

Failure to prepare for examinations, unlawful acts and omissions, no reasonable actions taken, right to a quality education
‍Breached by D1, D2, D4, D5, D6, D7, D8‍
‍

MISFEASANCE IN PUBLIC OFFICE

Committing unlawful acts and knowingly causing injury & losses while in capacity as public officers
Committed by D1, D2, D4, D5, D6
‍

Federal constitution

Violations of articles 5 & 12 on right to education: no reasonable actions taken to prevent, willful and intentional acts and/or omissions, had knowledge or means of knowledge of harm inflicted
Violated by D1, D2, D4, D5, D6, D6, D7, D8

united nations convention on the rights of the child (ratified by Malaysia in 1995)

All relevant articles, including right to education
Committed by D1, D2, D4, D5, D6, D7, D8

Source ⤤
Court Remedies
Declaration no. 1

A declaration that the 1st, 2nd, 4th, 5th, 6th, 7th and 8th Defendants are in breach of their statutory duty under the Education Act by failing to ensure that the Plaintiff is taught the English language during the period of February 2015 to October 2015.
‍

declaration no. 2

A declaration that the 1st, 2nd, 4th, 5th, 6th, 7th and 8th Defendants are in breach of their statutory duty under the Education Act by failing to prepare the Plaintiff for examinations as prescribed under the Education Act.

declaration no. 3

A declaration that the 2nd, 4th & 5th Defendants are in breach of their duties under Regulation 3C, 25, 26 Public Officers (Conduct and Discipline) Regulations 1993.
‍

declaration no. 4

A declaration that the acts of the 1st, 2nd, 4th, 5th, and 6th Defendants complained of amounts to misfeasance in public office.

declaration no. 5

A declaration the 1st, 2nd, 4th, 5th, 6th, 7th and 8th Defendants have violated the Plaintiffs’ constitutional right to access to education guaranteed to the Plaintiff under Article 5 read together with Article 12 of the Federal Constitution.

Exemplary, General, and Aggravated Damages
costs
Any further and other relief which this Honourable Court may deem fit and proper to grant
Source ⤤

KOTA BELUD, SABAH and SMK TAUN GUSI

Kota Belud is one of Malaysia's poorest areas, ranked 134 out of 158 administrative districts

Kota Belud's Absolute Poverty: 6 times higher than Malaysia; 3 times higher than Malaysia's rural average

3 out of 10 Kota Belud homes do not have piped water, nearly 7 times higher than Malaysia's average

Kota Belud has one of the highest inequality rates: the poorest 50% of Kota Beludians only earn 22% of all income

The Government Graduates of Kota Belud, Sabah and SMK Taun Gusi

from Kota Belud, Sabah

Mohammad Said Keruak

● former Chief Minister of Sabah
● former Governor of Sabah

from Kota Belud, Sabah

Salleh Said Keruak — BN

● former Chief Minister of Sabah
● former Federal Minister of
Communications & Multimedia 
● former Speaker of the Sabah
State Legislature

from Kota Belud, Sabah

Pandikar Amin Mulia — BN

● former Speaker of the 
Dewan Rakyat
● former Minister in the Prime
Minister's Department

from Kota Belud, Sabah

Abdul Rahman Dahlan — BN

● former Federal Minister of Urban
Wellbeing, Housing and Local
Government
● former Minister in the Prime
Minister's Department

from Kota Belud, Sabah

Isnaraissah Munirah Majilis — WARISAN

● former Deputy Federal Minister of Energy,
Science, Technology, Environment and
Climate Change

7th Principal of SMK Taun Gusi

Dr. Amin Senin

● former Director-General of the
Ministry of Education ( → 2019)

9th Principal of SMK Taun Gusi

Datuk Jame Alip

● former Director of Education
Sabah ( → 2016)

11th Principal of SMK Taun Gusi

Encik Umin Sadi

● former Director of the Kota
Kinabalu District Education
Department (→ 2019)

13th Principal of SMK Taun Gusi

Encik Said Andong

● Husband of Director of Education
Sabah (→ 2018)

Summary of the 2018 Claim (PDF) ⤤

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