Plaintiffs' Press Statements

From Siti Nafirah binti Siman (2018 Plaintiff) and Rusiah binti Sabdarin, Nur Natasha Allisya binti Hamali, and Calvina binti Angayung (2020 Plaintiffs), authorized by Messrs Roxana & Co (former), Asli & Cham Chambers, and Messrs Lee & Thong for High Court Cases No. BKI-2NCvC-101/10-2018 and BKI-22NCvC-88/11-2020 

July 2023 — The 2020 Plaintiffs' Statements

KOTA BELUD, Malaysia | 19 July 2023

Rusiah Sabdarin, First Plaintiff
I deeply thank those that have supported this case and those friends that dared enough to become brave witnesses. I deeply thank our advocate Mr Sherzali Asli who was willing to take on this case. I want the parties involved, no matter schools or up to the Ministry of Education, to constantly monitor the presence of teachers in classrooms. These parties must take student complaints’ seriously if they are made. Further, these authorities cannot simply receive a complaint, and then refuse to take action. My hope is that students now are brave to speak up and to know their rights as students.

Nur Natasha Allisya Hamali, Second Plaintiff
Alhamdulillah, after all of our many sacrifices and utmost patience, finally our prayers were answered. I admit that for as long as I was in this fight, there were ups and downs, but next to me were my comrades: my family, NGOs, journalists, and many of those beyond. This victory boosts my spirits to move forward and look forward to the future. My deepest thank you to you all.

Calvina Angayung, Third Plaintiff
Assalamualaikum and greetings to everyone. Alhamdullilah, we have reached the moment that we have waited six years for while in this struggle. This incident of a teacher ignoring classes is still so fresh in my mind. We were the victims of a teacher’s injustice that made us even fail English class. But, who are we to ignore Allah’s provisions for us?

Thank God. Thank you to the Tiada.Guru Campaign for providing encouragement and support that could never be repaid. Thank you to our witnesses that bravely took to High Court. Further, NGOs, activists, my parents, friends, and community that always have supported me, no matter where I went. Today’s victory is a gift to you for your perpetual support. I cannot forget Mr Sherzali Asli that offered his legal services to become our advocate in Court: he has demonstrated deep passion for our struggle. I give my infinite thanks to him.

Today, justice has been served. I feel deeply grateful that my rights have been recognized and respected by the Court. This decision is proof that our legal system can still provide justice to every individual. I hope that this case serves as motivation for those who are still fearfully silent against injustice. May today’s victory prove that our rights as citizens should be protected and respected.

Once again, thank you to everyone who fought alongside us in this struggle. I hope that the future will bring happiness, harmony, and justice to all of us. And so, thank you.

September 2022 — High Court Update

High Court issues historic injunction against the Ministry of Education for witness intimidation and “undermin[ing] the due administration of justice" in months-long absent teacher litigation in Sabah

2 September 2022

  • A historic, unprecedented injunction issued against the Ministry of Education that threatened, harassed, and pressured the Plaintiffs to withdraw their litigation.
  • The 2020 Plaintiffs took significant bodily risks to capture evidence of the Defendants’ conduct, in line with their wishes to halt systematic oppression in Sabah.
  • The 2018 and 2020 Plaintiffs detail their prior interlocutory victories.
  • Nearly four years after filing in October 2018, Siti Nafirah binti Siman’s (“2018 litigation”) trial will start on 12 Sept to 15 Sept 2022. Nearly two years after filing in December 2020, Rusiah binti Sabdarin, Calvina binti Angayung, and Nur Natasha Allisya binti Hamal (“2020 litigation”) start their trial on 5 Sept 2022.
  • Both trials are at the High Court of Kota Kinabalu. The public and media may attend. Both the 2018 & 2020 public interest litigation are filed under Messrs Roxana & Co.


After decades of allegations, yet very few proven incidents, three 20-year-old Kota Beludian women have done the impossible. Being unsealed today is their successful, historic injunction application against the Ministry of Education, their former English teacher Mohd Jainal bin Jamran, and their former principal Hj. Suid bin Hj. Hanapi.

The 2020 Plaintiffs filed their litigation in December 2020, but the Defendants would not file their Defence until June 2021, many months after it was expected. In the intervening months of January 2021 and April 2021, the Defendants were taking extra-judicial steps to try to force the Plaintiffs to withdraw their litigation against them,  to intimidate / harass classmates and thus witnesses, and to pressure the Plaintiffs’ families to turn against their own children. 

In April 2021, Rusiah binti Sabdarin as the 1st Plaintiff and key target of the Defendants, filed an extraordinary injunction application against her ex-teacher, her ex-principal, the Director General of Education, and the Minister of Education (the latter two representing the Ministry of Education). 

During the injunction application hearing in August 2021, the Senior Federal Counsel did not object to the injunction application. Thereafter, YA Judicial Commissioner (now High Court Judge) Leonard David Shim allowed the Plaintiffs injunction application. This historic, unprecedented injunction against the entire Ministry of Education and its officers finally provides Court evidence of a pattern many thousands of Sabahans, Sarawakians, and Peninsular Malaysians have long witnessed. When the people rise up, we are told to use “the proper channels”. Yet when Malaysia’s youngest and bravest rakyat used the proper channel to file for an independent and fair trial where both parties can submit evidence, bring witnesses, and argue on the merits of the claims, the Defendants instead began to “undermine the due administration of justice.

The Plaintiffs note this historic injunction against the Ministry of Education for “undermining the due administration of justice” during Court proceedings is the picture-perfect example of why the Ministry of Education, and the entire Executive Branch, should no longer (and never should have had the authority to begin with) to investigate their misconduct and why whistleblower protection also from an independent body is crucial.

The Plaintiffs call for a Public Ombudsman, an independent neutral institution such as “Pembela Rakyat”, to be immediately implemented with no loopholes for the powerful or wealthy and no interference from the civil service nor politicians. It would independently and fairly investigate misconduct and allow the relevant penalties, against any party. Such a Public Ombudsman is also the only way to truly protect teacher whistleblowers, many of which have been in very similar situations to Plaintiff Rusiah binti Sabdarin.

The Plaintiffs appreciate their legal team, the local Malaysian media, activists of #MakeSchoolsASaferPlace, and their teacher and MOE officer whistleblower allies. With their help, a historic precedent has been set against the Ministry of Education.

We quote selected paragraphs from the successful injunction application and Rusiah binti Sabdarin’s Affidavit, where she had bravely compiled audio evidence and screenshots of the Defendants’ actions. Some information has been kept private to the legal parties to protect the witnesses and their families. All text bolding / emphasis is ours.

4. On 23.12.2020, the Principal of SMK Tuan Gusi, Mr Nuzie Bin Hj Balus (the "Principal") contacted my father to meet him at the school to discuss the case. I will say that, after my father's return from meeting the Principal, my father started pressuring me to drop the case to "clear his name". The Principal also urged my father to convince me to drop the case and that if I were to lose this case, I would surely be put in a juvenile detention centre. These threats and psychological intimidation have prompted me to record any conversations in the future.
7. On 22.01.2021, at the request of the Principal, I met with the Principal at his office. During the meeting, three teachers were also present, namely Mr Roslan bin Asang, Yusof bin Rakunman, Mohd Sabanah Bin Abdul Rahman. During the meeting, the following, inter alia, were said to me : 
a. The Principal and Cikgu Roslan told me not to record the conversation;
b. The Principal threatened that he had the power and authority to take disciplinary action against me. The Principal brought up my absences. I verily believe that due to the impact of the global pandemic, other students suffer the same plight as myself and have been unable to attend some classes. Further, some of my absences are attributed to my father's ill health. In any event, at the material time, I had only been absent from school once. I also believe that the principal is victimising me with his threats of disciplinary action or expulsion and would not have threatened the other students in the same manner for a single act of absenteeism. The Principal has even threatened to use absences from the previous years against me. Prior to filing my case, the Principal and teachers never issued a warning letter or raised concerns regarding my absence. I verily believe that this has been raised to instill fear and force me to withdraw from the case.
d. The Principal and Cikgu Yusuf asked if I had CCTV at my house. I found this question very intimidating as they were probing the security of my house. I verily believe that whether my house had a CCTV had no relation to their duties as teachers or government servants. I also verily believe the purpose of this interrogatory line of questioning was to imply that my house's safety was under threat.
14. I would also say that the conduct of the Principal's and request to have me switch my phone off during the meeting clearly shows that he was aware that he should not have addressed the issue in the manner that he did and would continue to do so in the event he does not believe that evidence of such meeting will not be captured.

— High Court of Sabah & Sarawak Ruling on 20 April July 2021

These actions are tantamount to an interference of Court process. We further quote from the legal filings,

10. I have been advised by my solicitors and verily believe that it is not part of the official duties of the Principal and teachers mentioned above to hold closed-door meetings with litigants to discuss court cases without the presence of solicitors, even if such litigants were students.
11. I have been advised by my solicitors and verily believe that the Principal and the teachers mentioned above should not have attempted to take the law into their own hands to circumvent the court process by pressuring and threatening me to give up my claim against their masters and/or employers, the 3rd, 4th and 5th Defendants.
12. I have been advised by my Solicitors and verily believe that the actions of the Principal and the other teachers mentioned above were intended to undermine the due administration of justice and/or to inhibit a litigant from availing themselves of that system of justice.
20. I was advised by my solicitors and verily believe that the balance of convenience lies with the Plaintiffs. In the event of the continued harassment, coercion and threats by the Defendants, whether by themselves or through their servants or agents, there is a chance that all the Plaintiffs, including myself, will withdraw this case. 
23. I will say that the interim injunction as prayed will not in any way interrupt the discharge of its public duties and is limited only to outside of their duties as teachers, principals or administrators of the 5th Defendant.
10. I have been advised by my solicitors and verily believe that it is not part of the official duties of the Principal and teachers mentioned above to hold closed-door meetings with litigants to discuss court cases without the presence of solicitors, even if such litigants were students.


The Injunction Order itself will last the duration of the legal proceedings. The restrictions include:

  1. The Defendants and / or their agents are restrained and prohibited from approaching, interfering, harassing, disturbing, and / or coercing any of the Plaintiffs or their family members.
  2. The Defendants and / or their agents are restrained and prohibited from approaching the Plaintiffs and their residences within 500 metres.
  3. The Defendants and / or their agents are restrained and prohibited from sending unsolicited messages, statements, phone calls, or any other telecommunication to the Plaintiffs and their families.


This Injunction Order is issued against the 1st - 4th Defendants in the 2020 High Court litigation, and thus also the 1st, 2nd, 6th, & 7th Defendants of the 2018 High Court litigation.

NOTICE
(Pursuant to Order 45 rule 7 of Rules of Court 2012)

If you, the within named
MOHD JAINAL BIN JAMRAN, the 1st Defendant abovenamed, disobey this order, you will be liable to process of execution for the purpose of compelling you to obey the same. 

If you, the within named
HJ. SUID BIN HJ. HANAPI, the 2nd Defendant abovenamed, disobey this order, you will be liable to process of execution for the purpose of compelling you to obey the same. 

If you, the
DIRECTOR GENERAL OF EDUCATION MALAYSIA, the 3rd Defendant abovenamed, disobey this order, you will be liable to process of execution for the purpose of compelling you to obey the same. 

If you, the
MINISTER OF EDUCATION MALAYSIA, the 4th Defendant abovenamed, disobey this order, you will be liable to process of execution for the purpose of compelling you to obey the same.


Siti Nafirah binti Siman also reiterated her three successful victories over the Defendants in her pre-trial litigation. The Defendants argued against her each time, yet YA High Court Judge Ismail Brahim sided with Siti Nafirah each time: her Discovery application, her Further & Better Particulars Application, and the Dismissal of the Defendants’ Striking Out Application (sans the striking out of Defendant 3, SMK Taun Gusi).

BKI-2NCvC-101/10-2018 Dates

Court Mention: 11 October 2022
Trial Dates: will be scheduled on the 11 Oct Court Mention

BKI-22NCvC-88/11-2020 Dates

Trial Dates: 20 to 21 October 2022 (start at 10:30am), 14 to 16 November 2022

September 2022 — The Plaintiffs' Speeches

KOTA KINABALU, Malaysia | 2 September 2022

  • Approximate video transcript
Introduction — Siti Nafirah | 2018 Litigation
Thank you for coming today. I will only be speaking Malay today; a written English translation will be given.

My name is Siti Nafirah binti Siman; I am 22 years old. I was born in Sabah and have lived in Kota Belud my whole life. I am a former student of SMK Taun Gusi, a secondary school in my district.

I am also the 1st High Court Plaintiff that summoned seven Defendants at the Ministry of Education in public interest litigation. Why? And why seven Defendants? Because my English teacher did not enter class for seven months and the principal, the school, the Kota Belud District Education Department, the Sabah State Education Department, and the Ministry of Education took no reasonable actions after they were notified.

In a clean & fair education system, this could have never happened. But this is Malaysia, isn’t it? This is Malaysia for orang kampung, akar umbi, kanak-kanak, dan wanita. Guru ponteng is a decades-old injustice, but still in rural areas, mentioning it can make a room go silent. No more: speak with conviction and let them listen carefully.

My litigation will build a case of misfeasance in public office, violations of both the Federal Constitutional and the Education Act, a seven-month absent teacher, and Ministry of Education officers' collaborating to fabricate government records in a chain stretching from SMK Taun Gusi to the Kota Belud District Education Department and the Sabah State Education Department.

My High Court trial will begin on 12 September 2022, almost four years after I filed it. I requested multiple declarations against the Defendants to help build a precedent against the Ministry of Education. Sabahans must be protected after my litigation: it was, is, and always will be rakyat yang jaga rakyat.

Court Updates — Siti Nafirah | 2018 Litigation
Many people ask me why I filed my case. Why summon?

First, because everyone, from teachers to parents to students, already admits the MOE’s investigation system is quite broken. Many MOE officers, now Defendants in two litigation cases, were informed of the 1st Defendant’s extreme absenteeism in 2015. Yet here we are in 2022 with one batch suffering in 2015 and another in 2017.

Second, I want to open the eyes of school administrators, parents, teachers, and students. We must priortise our education and there is nothing more basic to a quality education than teachers that enter classes. As the Ministry says, students are the evidence.

Third, many people feel comfortable dropping cases and claim their forgiveness is a sign of mercy. Yet, “when you forgive without justice, you reward injustice.” Let us be honest: “forgiving and accepting injustice is simply cowardice.” “The answer to injustice is not to silence the critic, but to end the injustice.” What we allow is what will continue—end of story.

Fourth, I want my case to be completely open to the public. I want all of Malaysia to hear from my side and the Ministry’s side. I want the evidence submitted in open Court. I want you to see what I saw. And then, let an independent judge question us all.

In my litigation, Alhamdullilah, I have been successful in the preliminary stages. But the trial will be the true test. I share these victories with all those that have supported me. These are victories for Sabahans. I will fight on during trial and I appreciate your support.

If you speak about guru ponteng in Kota Belud, some will shiver. It is very taboo. That I even filed the case was shocking to many: “So many others have failed. Why is she even trying?” But look at what the Court has said:

In July 2019, the High Court Judge gave the first decision in my case. I had applied for what are called interlocutory applications. Here, my lawyers and I found significant issues with the Defendants Court filings: 

1. a Discovery application to force the Defendants to submit missing relevant evidence to the Court and;

2. a Further & Better Particulars application to force the Defendants to specifically respond to important questions that were not addressed in their Court filings.

In fact, the Defendants objected to both of my applications and asked the Judge to reject my applications.

Alhamdullilah, the High Court ruled in favour of me, a 19-year-old Kota Beludian girl, and against the Federal Government, the Ministry of Education, the Sabah State Education Department, the Kota Belud District Education department, the school principal, and the teacher. Can you believe it? A Kota Beludian girl was already defeating the Federal Government, while I remember some parties in KB thought I would instantly fail.

I pray rural communities in Sabah are proud to see that our lives matter, both in morals, but also in the law. We will not be further taken advantage of. The Defendants were then forced to comply with the Court orders after they had initially argued against my applications.

Shortly after the Federal Government lost those two complaints in High Court, the Defendants tried to strike out my case. It is the last-resort move in a legal case: it immediately causes the Plaintiff to lose before a trial. Of course, my lawyers and I objected to this Striking Out Application.

In September 2019, the High Court gave a ruling again in my favour. Again the Federal Government lost in High Court to a 19-year-old Kota Beludian girl. I pray I am making Kg. Jawi-Jawi proud. The High Court believed my public interest litigation is worthy of a full, public trial with witnesses, evidence, testimony, and an independent judgement. The Government’s striking out application failed to stop my litigation.

We poor & rural Sabahans do not ask for much. We simply ask that those on the top remove their boots from our necks: let us learn, let us become educated. Are we so disposable to them? Are we so worthless to them? Thankfully, in Court, we have a chance of transparency.

Ketika anda dianggap lama, maka bangkit lah membuktikan anda mampu mengubah sejarah dunia.

Reforms Required — Siti Nafirah | 2018 Litigation
When I started this litigation, Kota Belud was already one of the top 30 poorest districts in Malaysia. In 2019, Kota Belud was found to be one of the 10 poorest districts in all of Malaysia.

I do my best to stay resilient. But instead of relying on children to be resilient, what if we create a world that is less traumatic? Many have deep shame and cannot open old wounds; some still live in fear of the Ministry; others never healed and still suffer.

Doing nothing is not the neutral choice. It is the destructive choice.

I give a reminder: I summoned in Court, asked all parties to bring their evidence, requested a public trial, and I did not slander on social media. It is because the Court is the last, final-resort “saluran betul”—all witnesses are protected without fear and the Judge does not fear nor favour either party.

Thus, because of this miraculous legal team, I am able to have a fully independent investigation & judgement into the incidents at my school. In fact, for the wealthy, this is very normal: they always take their disputes, defamation, problems to Court. But for people like me? It is impossibly rare to have an independent authority above the Ministry to take any action against cases brought by the poor because many of us can hardly find enough legal aid, our education is so manipulative that it does not even mention our rights over the Government, and it is a massive sacrifice to prepare for Court.

Thus, we must have independent investigations, outside of the Ministry of Education and outside the Executive, to investigate such severe misconduct. It is obvious that the Ministry should not be able to investigate the Ministry itself.

As Tunku Abdul Aziz Tunku Ibrahim explained, tiada organisasi di dunia melakukan pemantauan kendiri. Tetapi kerana kekurangan pengawasan, kita ada masalah ini. Jika tidak ada siasatan bebas, kita hanya bermain dalam memerangi salah laku dan rasuah.

Everyone deserves such an independent investigation. Even until now, Malaysia still has no “Public Ombudsman”, which is like a Pembela Rakyat. It is independent of the civil service, of the Executive Branch, and all politicians. They can investigate cases and discipline those violating our laws, without any interference and without major delays.

For honest & clean teachers: independent investigations is their only hope. Even teachers are not spared from interference from upper levels in the PPD, JPN, and even KPM.

Some say we are too young, breaking traditions and customs. Our right to clean, quality education is not so cheap. The tradition that because our grandparents and parents could not fight for their rights, then their children should also be damned? Whose tradition is that?

Introduction — Rusiah - Natasha - Calvina | 2020 Litigation
Thank you for coming today. We will only be speaking Malay today; a written English translation will be given.

Our names are Rusiah binti Sabdarin, Nur Natasha Allisya Binti Hamali, and Calvina Binti Angayung. We are 21 years old. We are Sabahans and former students of SMK Taun Gusi, a secondary school in our Kota Belud District.

We are the 2nd batch of High Court Plaintiffs that summoned the Ministry of Education in public interest litigation against guru ponteng. Our Saurdara Siti Nafirah was the spark to our spotlights. Together, we summoned five Defendants to High Court after the 1st Defendant English teacher refused to enter our class for over four months:

The teacher, the principal, the Director-General of Education, the Minister of Education, and the Federal Government. This is a case for all the suffering, hardworking honest teachers that are forced to make up for their absent colleagues.

This is a case for all the suffering, shocked parents that have realised their children were cheated out of a lifetime’s potential. This is a case for all the suffering, hurt students whose testimony can and will protect our country’s future.

No more.

Our trial will start on 5 September 2022, almost two years after being filed. We will stand firm for transparency and for an impartial trial. For the first time, young women in Kota Belud and the Federal Government will be treated as equals.

Court Updates — Rusiah - Natasha - Calvina | 2020 Litigation
First, because we are determined to be the last generation to suffer this problem. The cycle of poverty must end.

Second, to stand up for thousands of poor Sabahans that stood up, but were ignored while the abuse continued and no justice-centric systematic reforms were enacted. “If they do it often, it’s not a mistake: it’s just their behaviour.”

Third, to ensure our case and our evidence are put into the public sphere. Enough secret school records, enough pressure tactics, enough backdoor meetings. Everyone must see what we saw. Everyone will, by virtue of our trial, witness what we witnessed.

Foruth, our fight is for our honest and hardworking teachers. They will still suffer, even if some of the lower-ranking officers are changed. Teacher whistleblowers will only be protected once the entire system is forced to account. Frankly, it would be an insult to teacher whistleblowers across Malaysia if our litigation did not also summon the Ministry of Education.

Today, we will share two announcements. First, after six months of delays, the Federal Government filed their Court Defence last June 2021. Yes: six months of delays.

Let me explain the background: we filed our litigation on the 22nd of December in 2020 with an 11-page statement of claim. What happened? Between Jan 2021 to May 2021 and four Court mentions, the Defendants filed no Defence at the High Court. We released a statement in May 2021 noting our litigation had already waited 135 days without a Court defence.

Then, the Defendants took an additional 1.5 months after our statement. In total, we Plaintiffs and the Court were forced to wait 181 days after our filing, on 22 December 2020, until the Defendants were able to file a Defence. We remind you their Defence need only reply to an 11-page Statement of Claim by three 18-year-old girls in Kota Belud.

181 days: weeks turned into six months.

Saya agak terkilan kerana pihak defenden lewat menghantar pernyataan pembelaan diri mereka. Adakah mereka tidak ingin membela diri mereka atau mereka tidak mempunyai rasa tanggungjawab terhadap kesalahan yang telah mereka lakukan.

Kelewatan pihak defendan menghantar pernyataan pembelaan selepas 181 hari merupakan satu tindakan yang tidak bertanggungjawab.

Saya ingin katakan, strategi murahan langsung tidak mematahkan semangat kamu untuk perjuangan menegakkan keadilan.

Tukar tanggungjawab anda bahawa orang2 miskin seperti kami akan terus berdiam diri.

Bebaskan hak kami
Kembalikan hak kami
Jangan usik hak kami

The second Court update: in those six months where the Defendants were unable to produce any Defence, the Defendants were also taking extra-judicial actions to force us to withdraw the Court case against them. Yes: officers under the 3rd and 4th Defendant, the Director General of the Ministry of Education and the Minister of Education himself. You’ve heard the stories: now you will see the reality. Many MOE officers have been accused of this breach of law before, especially against poor communities, Sabahans, Sarawakians, and orang asli.

You may wonder, how can we speak about this? Are we making an accusation without evidence, without following Court procedure?

No. We told you: we are determined to be the last generation and so we were ready. Between January 2021—just hours, days, and weeks after our summon—through April 2021, we gathered audio and photo evidence of the Defendants’ harassment to immediately drop the case against themselves, the Ministry of Education. Because they knew: we control our case. Only we can withdraw it. They cannot ask the Attorney General or the Ministry to stop the case. So they made extra-judicial threats against us and our families. But we secretly recorded their threats: as they say, “ludah atas langit—kena muka sendiri.”

In those four months, we obtained significant evidence of their extra-judicial harassment:

— 9 WhatsApp screenshots of the Defendants’ statements

— a 30-minute undercover audio recording of the school principal Nuzie @ Mohd Hj Balus and three other male teachers

On 22 January 2021, SMK Taun Gusi principal Nuzie Mohd Hj Balus requested for High Court Plaintiff Rusiah, a 18-year-old Form 6 student in her final semester, to meet him in a closed-door meeting. He had already met her family privately, who had been coerced into pressuring Rusiah to drop her case. Next to Principal Nuzie were Mr Roslan bin Asang, Yusof bin Rakunman, and Mohd Sabanah Bin Abdul Rahman.

Rusiah, by the quick assistance of another student, turned on her phone and started to secretly record the audio of the entire conversation.

That room held four adult men, all officers of the Defendants, with Rusiah alone. Nuzie and the others then questioned Rusiah repeatedly on her Court case, her claims, her intentions, brought up her brief absences when Rusiah had been caring for her sick father, and even her home’s safety and whether she owned a CCTV system. Notably, Principal Nuzie had pressured Rusiah’s father a few weeks earlier at her home.

Unlike the Defendants, we followed the law & Court procedures: MOE officers have no right to make closed-door meetings to question litigants on their litigation without their lawyers present, even if the litigants are students. MOE school principals are not above the law and these were egregious attempts to undermine the administration of justice.

We know how to follow the rules and how to capture those that are breaking them: Calvina was the Ketua Pengawas of SMK Taun Gusi, Natasha was a Pengawas of SMK Taun Gusi, and Rusiah was Ketua Kelas. We were trained to stop misconduct by the Defendants.

Most brazenly, these officers of the Ministry of Education’s 3rd and 4th Defendants had noticed Rusiah’s phone and asked her to turn it off. In a show of unbelievable bravery, Rusiah knew that Nuzie & others were breaking the law and so she kept on recording the Defendants.

On 26 April 2021, we took this evidence and filed a Court Injunction against the four primary defendants: the teacher, the principal, the Director General of Education, and the Minister of Education. A Court Injunction is a very rarely granted remedy especially against high-ranking Ministers and public servants. The burden of proof is very high, especially against an entire Ministry of Education. At the time, this meant the Defendant 3 Director-General of Education, first Habibah binti Abdul Rahim, and then Nor Zamani Abdol Hamid; and Defendant 4 Minister of Education--at the time, it was Radzi Jidin.

Yet, we pushed on. On 7 September 2021, the High Court delivered its order. We succeeded: the Court issued a restraining order injunction against the 1st Defendant Jainal Jamran, the 2nd Defendant Suid Haji Hanapi (the original principal from 2017), the 3rd Defendant Director-General of Education, and the 4th Defendant the Minister of Education.

What was going on in the Defendants and Ministry of Education officers’ minds to interfere with the administration of justice? Why would any MOE officer interfere in an ongoing Court case? Are our country’s educators unable or unwilling to accept the Constitution’s separation of powers?

There was no misunderstanding: in fact, in Court, the Senior Federal Counsel representing the Ministry of Education and all other Defendants chose not to object to our application. What made us targets here?

—Was it because the Court treats us as equals, just like the Constitution states?

— Was it because we broke their culture of fear?

— Was it because we refuse to stay silent?

— Was it because we were united and refused to back down?

— Was it because we are young women?

— Was it because we live in one of the 10 poorest districts in Malaysia?

As written by Alexandria Ocasio-Cortez, sometimes people that abuse their power blame everyone else for “misunderstanding” their abuse of power. Why? It is a tactic to gain sympathy from ordinary people who have ever been misunderstood by others; the abuser wants us to think “I made a mistake and maybe you have also made mistakes, just like me.” But, these people intentionally created a culture of fear and intimidation; that culture of fear is no mistake. It is meant to silence the victims. But when the culture of silence failed, they changed their answer again to “a misunderstanding”. There is no misunderstanding.

Penindas tersinggung ketika yang tertindas menolak untuk mati dalam diam.

Reforms Required — Rusiah - Natasha - Calvina | 2020 Litigation
This litigation is also for those that eagerly claim to “respect the poor”, “help Sabahans”, “support women” or “fight for education”, yet when they see our problems, they are obsessed with solutions that solve only half the problems in 15 years and still they leave many loopholes to protect their own power, so such policies to “help us” becomes completely useless. Too many learn about government from politicians or senior civil servants, while many of Malaysia’s leaders are rich, cowardly, or irresponsible: this is why so few of them spoke about period spot checks before 2020 or extremely absent teachers before 2018 or corruption in education at any time.

The real problems are found inside the kampung, inside the packed apartments, around the longhouses, and in the homes of ordinary families.

For many in Kota Belud, because they’ve accepted "it could be worse", now they have lost the ability to imagine that it could also be better. Well, we have proven them wrong once with our injunction victory and we will continue to do so. As they say, “It’s funny that the people that call us naïve for believing change is possible are actually the same people that believe the Ministry of Education should investigate itself.”

Between the time we filed our case and today, two major headlines have stuck out:

Mar 2021 | Sabah primary teacher gets longer jail term for sexual assault | Kota Belud, Sabah

Nov 2021 | Ex-teacher gets 28 more years for sexual abuse | Sipitang, Sabah

This is only a “sensitive” issue to those a part of the system. To the rest of us, it is simply showing a system failing to protect its children.

Shying away from reality has nothing to do with protecting children. It has everything to do with protecting adults that don’t want to have difficult conversations with those children. And to those that want us to keep quiet: the disapproval of cowards is praise to the brave.

How many thousands more Sabahan children received threats from their principals once they spoke up? It is time for school misconduct to be investigated by a neutral third-party: it is the only way to protect teacher whistleblowers, student whistleblowers, and Ministry whistleblowers.

As we have seen, even when a Court case is pending and the Judge expects no interference, some MOE officers still found the time to interfere in the administration of justice. You should not need to go to Court like we did. The Defendants have taken such actions for an absent teacher of four months. What are they doing in cases more severe?

We call for independent investigations and independent whistleblower protection outside of the Executive Branch. What we have in Court is what every Sabahan should have in school.

Don’t claim to support the youth with gimmicks and cheap tricks. To the youth, nobody is trying to fix the problems we have in this country; instead everyone is trying to make enough money so the problems don’t apply to them anymore.

Conclusion — Rusiah - Natasha - Calvina | 2020 Litigation
Many student and teacher whistleblowers have spoken up and continue to speak up against misconduct, abuse of power, and criminal offences in the Ministry of Education. Why the change? Because our generation understands, “Kita tidak boleh hanya membalut luka rakyat dipijak roda ketidakadilan. Kita sendiri perlu memacu jejari bagi menghentikan roda tersebut.”

This litigation is for all Sabahans: there are thousands like me across Sabah, in my class, in my school. I will testify for those that never had a voice. If you still have your voice, join me and testify. After all, until the lion learns how to write, every story will glorify the hunter.

If you feel ashamed of what happened to you, to us: shame is reserved for the things we choose to do, not for the circumstances forced onto us. There is no shame: the MOE in its public reports and interviews has admitted Malaysia has extremely absent teachers. This Court case is a mirror to Malaysia and instead of changing the reflections in the mirror, some get mad at the children holding the mirror.

If you feel afraid of what they will say: Ada kalanya kamu mesti bersuara. Bukan kerana kamu akan mengubah mereka, tetapi jika kamu tidak bersuara, mereka telah mengubah kamu.

If you feel small because of how we were treated: it is precisely because we students + parents + teachers hold so much power that they are afraid of our testimony and our voices. Tiada siapa yang benar-benar anggap kita lemah—hanya penindas yang mahu kita bersikap begitu.

Some find solace in self-blame because the alternative is admitting that our leaders & schools lied to rural and poor Sabahans: about our rights, about our education, about how widespread the problem is, about how many hardworking teachers are suffering, and about how much we, our children, and our grandchildren have lost.

"History, despite its wrenching pain, cannot be unlived, but if faced with courage, need not be lived again.” It remains clear that if teachers don’t enter classes, teachers lose nothing while students lose everything.

We would like to thank our legal team for fighting hard in Court and helping Sabahans achieve these three pre-trial victories.

We would like to thank all the students and former students that have given us solidarity. We still welcome all. We also thank teachers and MOE officers that have encouraged me to keep going. Hardworking teachers also become victims of guru ponteng.

We thank many CSOs and NGOs that did not hesitate to support our public interest litigation; your support, from Sabah, Sarawak, and Semenanjung, has lifted our spirits.

We thank many in the media that continue to cover the stories of Malaysia’s youth, scandals in education, and report without fear nor favour. You have a huge power to clean Malaysia.

We stand in solidarity with many activists, both new and old, that have stood up in great numbers to #MakeSchoolsASaferPlace and #PendidikanBersih. They have sacrificed so much. Ain Husniza, Puteri Balqis, to name a few.

Most of all, we thank and stand in solidarity with our schoolmates and co-Plaintiffs and the entire Kota Belud, Sabah, and Malaysian community.

Our litigation might look like “four girls vs the Ministry of Education and extreme teacher absenteeism”. But, we were not the first: thousands more like us are still suffering from deeply unjust systems in our education system. You will find victims like me in every kampung, in every district, in every state. While we are not the first, we are determined to be the last. In that sense, we find a real connection with this poem by Jasmin Kaur.

Scream
So that one day
A hundred years from now
Another sister will not have to
Dry her tears wondering
Where in history
She lost her voice

May 2021 — High Court Update

The Federal Government of Malaysia Has Not Filed Its Defence Over 130 Days After High Court Summons were Filed by Three Young Sabahan Women against a Claimed Months-Absent Teacher, Principal, & Ministry of Education

5 May 2021

On 22 December 2020, High Court Plaintiffs Rusiah binti Sabdarin (19 years old), Nur Natasha Allisya binti Hamali (19 years old), and Calvina binti Angayung (19 years old) filed High Court Summons against these Five Defendants:

  1. Mohd Jainal bin Jamran (their former Form 4 English teacher; transferred in early 2020)
  2. Hj. Suid bin Hj. Hanapi (their former SMK Taun Gusi school principal; retired in early 2020)
  3. Director-General of Education Malaysia
  4. Minister of Education
  5. The Federal Government of Malaysia


Today, over 130 days later, the Defendants still have no Defence filed at the High Court of Sabah & Sarawak in the proceedings of BKI-22NCvC-88/11-2020 ⤤. The Defendants are represented by the Attorney General Chambers.

After a Writ of Summons has been issued against Defendants and Defendants have entered their appearance, Defendants have 14 days to file their Defence under O. 18 r. 2 (Rules of Court 2012). The High Court of Sabah & Sarawak portal previously reported as its last case update,

FINAL e-Review for the Defendants to file Defence is fixed on 4.6.2021.

— High Court of Sabah & Sarawak Ruling on 20 April July 2021

High Court Plaintiffs Rusiah, Natasha, and Calvina of Kota Belud, Sabah, are supremely confident to proceed to a full public High Court trial against these Defendants by exercising their guaranteed rights under the Federal Constitution. Their litigation is the second such summons against these same Defendants (c.f. BKI-22NCvC-101/10-2018 ⤤ via then-18-year-old Siti Nafirah binti Siman also of Kota Belud, Sabah).

Further Court updates will be provided as needed.

BKI-22NCvC-88/11-2020 Dates


As reported ⤤ by the Official Portal of the High Court in Sabah & Sarawak.

  1. 22 December 2020 — High Court Summons Filed (0 days)
  2. 4 January 2021 — High Court Mention (+14 days cumulative)
  3. 8 February 2021 — High Court Mention (+49 days)
  4. 11 March 2021 — High Court Mention (+80 days)
  5. 20 April 2021 — High Court Mention (+120 days)
  6. 5 May 2021 — Today (+135 days)

December 2020 — High Court Filing

Three new Sabahan women file another High Court summons against claimed months-long absent English teacher, principal, and Education Ministry

Some of the world's youngest plaintiffs are taking on Malaysia's Ministry of Education in High Court—again. In Kota Belud, more than 1 in 3 live in absolute poverty with the 7th highest inequality rate in the nation. High Court told English teacher at SMK Taun Gusi refused to teach his assigned class for months in 2017.

22 December 2020

The Two High Court Litigation Cases: The 2018 High Court litigation filed by one Plaintiff is the “2018 litigation” (events occurred in 2015; litigation in 2018). Today’s High Court litigation filed by three Plaintiffs is the “2020 litigation” (events occurred in 2017; litigation in 2020). These are two independent legal proceedings with separate school years, separate classes, separate judges, separate evidence, and separate trials.

2018 High Court Litigation Update: Today’s High Court public interest litigation was again filed by Messrs Roxana & Co., a Kota Kinabalu, Sabah law firm. The firm previously has successfully navigated the 2018 Plaintiff, Siti Nafirah binti Siman, and her 2018 summons to an upcoming High Court trial, emerging victorious over the Federal Government multiple times including Discovery and dismissing a Striking Out Application. The 2015 High Court trial was postponed twice due to the COVID-19 pandemic and government lockdowns: expect a new High Court trial date soon.

  • The 2020 Plaintiffs: The three 2020 Plaintiffs are all former and/or current SMK Taun Gusi students; all three women are now 19 years old, classmates of the Form 4 Sports Science class in 2017, and residents of Kota Belud. All three came from Form 4 Sports Science class at the same school with the same principal assigned the same English teacher, relative to the 2018 litigation.
  • The 2020 High Court Case: The 2020 Plaintiffs state they stand in solidarity with the 2018 litigation. Their goal is identical: rid the nation of the culture of fear and silence.“ We were not the first, but we are determined to be the last. This High Court litigation is for all students: no other child should have their right to a quality education stolen....end corruption—end abuse—end negligence in education.”
  • SMK Taun Gusi is in Kota Belud, Sabah, a coastal district; school less than 5km from ocean and less than 90 minutes from Kota Kinabalu, state’s largest city and state capital
  • High Court remedies focused on declarations and aim to bring an end to these practices &the culture of fear and silence in schools for the next generation of Malaysian students

KOTA BELUD, Malaysia — Three new Sabahan ex-students have filed a public interest litigation case against five Defendants at the High Court of Kota Kinabalu. Together, they tell the High Court that the 1st Defendant refused to enter their English class for months in2017, with zero attendance after July 2017. Their claims continue that while the Plaintiffs repeatedly notified the 1st Defendant, he refused to enter. Further, the three women claim the2nd, 3rd, 4th, and 5th Defendants failed to take any steps to rectify their teacher’s months long absences, thus are also in breach of their statutory duties declared in Malaysia’s most critical laws: the Federal Constitution, the Education Act, and the Public Officers (Conduct and Discipline) Regulations of 1993.

The Defendants

  1. Mohd Jainal bin Jamran (their former Form 4 English teacher; transferred in early 2020)
  2. Hj. Suid bin Hj. Hanapi (their former SMK Taun Gusi school principal; retired in early 2020)
  3. Director-General of Education Malaysia
  4. Minister of Education
  5. The Federal Government of Malaysia


The 1st and 2nd Defendants are named and thus must continue to defend themselves even after transfers, retirement, and/or dismissals by their superior Defendants.

The three Plaintiffs were 16-year-old girls at the time of the claimed events in 2017. Their district, Kota Belud, Sabah, is one of the poorest in Malaysia: more than 1 in 3 live in absolute poverty while the district records 7th highest inequality rate in the nation. This litigation comes from Malaysia’s villages and families; it comes from Sabah’s daughters and Sabah’s hopes; it comes our brothers and sisters.

The First Plaintiff is Rusiah binti Sabdarin. Rusiah was born in Kota Belud, Sabah, in 2001 and lives in Kampung Taun Gusi II at Batu Empat. She is the youngest of five siblings. When she was three, her parents separated. As a single parent, Rusiah’s father has raised his five children through his occupation as a chicken trader; he prays one day Rusiah will have a proper education and can change the family’s standard of living one day. Rusiah studied at SMK Taun Gusi from Form 1 to Form 5; she was 16 years old during the claimed 2017misconduct by the Defendants. Rusiah was the Form 4 Sports Science Class Monitor.

The Second Plaintiff is Nur Natasha Allisya binti Hamali. Natasha was born in Ampuan Rahimah, Selangor in 2001; her family moved to Kota Belud, Sabah, when Natasha was nine years old. Natasha has two elder brothers and one younger sister. Of a simple background and poor family, Natasha’s parents sacrificed decades of their lives, including years of school and transportation fees, so their children could have a better chance than they did. Natasha’s father is a temporary imam at a local surau, while her mother is a homemaker. Natasha studied at SMK Taun Gusi from Form 1 to Form 5; she was 16 years old during the claimed 2017 misconduct by the Defendants. Natasha was an SMK Taun Gusi Prefect.

The Third Plaintiff is Calvina binti Angayung. Born in Kampung Nibang, Pitas in 2001, Calvina moved to Kampung Rampayan Laut, Kota Belud, when she was 6 years old. Calvina’s mother is a homemaker and her father is a fisherman. Together, they struggled to survive and raise their children: “Kais pagi makan pagi, kais petang makan petang.” Calvina studied at SK Nanamun from Standard 1 to Standard 6. Then, Calvina studied at SMK Taun Gusi from Form1 to Form 5; she was 16 years old during the claimed 2017 misconduct by the Defendants. Calvina was SMK Taun Gusi’s Head Prefect.

These students’ families, like so many others, spent generations waiting for the chance of a better chance, waiting at the door of hope. Education is the only way out of the poverty cycle for thousands of Malaysia’s families: they keep knocking and they keep waiting. Today, this public interest litigation sets the new standard for the new normal: integrity and the safeguarding of the right to a quality education are the only path forward. Anything less is an abdication of duty by the very public servants who benefited from the right to a quality education. “If the deaf are to hear, the sound must be very loud.”

Alongside the 2018 litigation, this 2020 litigation will be fiercely protected, humbly stated, and passionately fought for our future generations and yours. The four Plaintiffs, all young women from Kota Belud, Sabah, are writing the next chapter. The culture of fear and silence will end.

December 2020— The Plaintiffs' Speeches

KOTA BELUD, Malaysia | 22 December 2020

  • Approximate video transcript
Introduction
775 days ago, something revolutionary began in Malaysia in one of the unlikeliest places: Kampung Taun Gusi in Kota Belud, Sabah. An 18-year-old girl, Siti Nafirah binti Siman—born and raised in Kota Belud, filed a Court summons. Not any summons, but a High Court summons against her Form 4 English teacher because she claimed he refused to enter her class for seven months in 2015.

An 18-year-old girl from Kota Belud. She didn’t stop there: she said, “I’m doing this for all students.” She said, “I raise my voice for the generation that has been silenced—teachers lose nothing if they don’t teach; students lose everything if they don’t learn.”

And she didn’t just sue the teacher; she knew the law and she kept fighting for declarations: these are Court precedents that other students can use in future cases. She knew responsibility went up the chain: she sued the school principal, who she claimed threatened her entire class and then instructed the teacher to fabricate his attendance record. She sued the Kota Belud District Education Department, the Sabah State Education Department, the Ministry of Education, and the Federal Government—to the Prime Minister.

In Kota Belud and in many districts in Sabah and Malaysia, many will tell you, “Be reasonable. You can’t get justice! You’re too poor and they are too powerful. Just accept the blame, even if it isn’t your fault; we cannot talk about corruption, as we need to follow powerful people—that’s what ‘orang susah’ must do.” Corrupt people will yell their fears the loudest—they want to make sure the lights don’t turn on.

Siti Nafirah already beat the Defendants three times in High Court: a Kota Belud girl is defeating the Federal Government in High Court.

In reality, we are only as sick as our secrets: Siti Nafirah was the spark. Her High Court trial is coming soon after the CMCO is lifted.

How do I know so much about Siti Nafirah? Because that same English teacher was also assigned to me, two years after her.

Nur Natasha Allisya binti Hamali
The culture of absent teachers is deeply embarrassing to our nation’s education system. It has stolen the rights of my education and all students who have suffered, particularly in Kota Belud, Sabah. This culture continues headstrong, with little consequences from the nation’s principals and the Ministry of Education. While this problem is incredibly common to hear in any kampung, what’s remarkable is that the existing, clear-cut, easy-to-follow disciplinary procedures are not used to discipline absent teachers.

At my school, monitoring is incredibly lacking, especially for the presence of teachers actually inside classrooms. It’s clear that when teachers refuse to teach, a school’s culture quickly degrades: more students fight, more students break the rules, and more students themselves begin to leave classes and even school. How do I know this? I was a school prefect and these consequences of absent teachers are abundantly clear.

While in Form 4 in 2017, our English teacher was not present for a significant amount of time. This teacher came to school, but repeatedly gave various excuses to avoid teaching our class. No teacher soon leads to no students. Over time, I began to feel less and less interested & focused in learning—as there was no teaching. As the exam came close, I began to feel depressed because I knew I could not do well without the curriculum—we so desperately needed a teacher then. As a result, nearly everyone in the class—including myself—failed the Form 4 English exam.

During the periods of teacher absenteeism, our friends in “superior” classes continued to focus on their education because they were “targeted” to excel. Parents & guardians are quite concerned, but this problem remains persistent because little to no action is taken by the disciplinary authorities, that is the principal and school administrators.

Should such public servants, teachers and MOE officers, be given another chance after years of hurting students? Too much time has been wasted by a teacher who remorselessly refuses to teach for months, each year. I wonder what was the fate of the students before us? Because after what happened to Siti Nafirah, it continued to happen to us even two years later.

Why would a principal protect a teacher who refused to teach? Why don’t principals think about their students who are losing their only chance at an education through this emotional trauma of teachers refusing to teach and then causing students to fail exams?

We know we—like you—deserved a quality education. The same goes for prior generations and future generations. We want those who have had their right to a quality education disabused and twisted to realize and continue to rise above our nightmares.

Even today, I still hold onto the words of UNICEF Goodwill Ambassador David Beckham, “Are we listening? As adults, are we humble enough? Are we smart enough to realize that in the face of every single child, we can see the future of the world? Children never stop learning. Neither should we. Children never stop asking questions and demanding more. Neither should we.”


Calvina binti Angayung

Assalamualaikum and peace be upon you, Thank you for giving me the opportunity to give this speech. My name is Calvina binti Angayung: I am 19 years old and I am from Kota Belud.

I have no intention of becoming a warrior; I did not build the pillars of war. For me, it is enough to become someone who seeks the substance of justice in this struggle.

What my class experienced is gut-wrenchingly heartbreaking for both of my parents: their sacrifices of energy, money, and time were wasted by the teachers who left us for months without a teacher in the classroom. Our school expenses, our nightly labours to learn were not given their due fruits because this teacher shirked his responsibilities.

We are Siti Nafirah’s generation: it is one and the same generation and one and the same problem. I believe this problem plagues nearly all of Sabah’s schools, but the victims do not have the courage to fight the terrorizing tactics that will be used against them. It could range from shame to threats by the teacher.

Thus, this struggle must persist. This struggle must rise to the High Court. It has not crossed our minds even once to resign and give up on this struggle. The time that has passed has not passed in vain.

What further amplifies my courage is our solidarity: we support this mission together, we do not forget Siti Nafirah’s struggles in this work: our hope is that her struggle, and now our struggle, will open Malaysia’s eyes to the problem of extreme teacher absenteeism.

When my class had no teacher, the Form 4 exam results were distressful and heartbreaking as we had never learned the Form 4 English curriculum. I hope teachers like that are taught a lesson, so our generation is no longer associated with this problem.

I hope responsible teachers do not join them. If we had been given an opportunity to be in their places, we would immediately and forcefully halt these people from preventing Malaysia’s children from receiving an education.

Rusiah binti Sabdarin
Cases of absent teachers have been recurring for decades, but it has never been raised as a critical, urgent issue in our communities. I myself have experienced this event. It’s not only in Sabah, but throughout Malaysia.

At my school, when I was in Form 4 in 2017, our English teacher did not enter the classroom and he did so without an excuse. In the beginning of the year, he entered, but as the year went on, he refused to enter completely for months. He willfully denied us our right to an education. The burden of investigating absent teachers often falls on students—a tactic destined to fail. We reported this teacher to the principal, but he was more protective of the absent teacher than of students wanting to learn and use their right to a quality education. Do other school principals work like that? Is that the official policy of the Ministry of Education?

A stunning amount of our nation’s time has been wasted because of absent teachers. This particular teacher was hurtful and unfair, forcing students to cobble lessons on our own. We often waited in the classroom—watching the doorway, to see if he may come: he rarely ever did.

We hope that for other students who are experiencing similar cases: stand up. Dare yourself to fight for our educational rights. Do not let their terrorizing tactics overwhelm you. Together, we will uphold education for future generations. If not now, when else will progress forward?

Conclusion
We were not the first, but we are determined to be the last. This High Court litigation is for all students: no other child should have their right to a quality education stolen.

“If the deaf are to hear, the sound must be very loud.”

We want to be perfectly clear: teachers who do not teach yet maintain their salary and maintain their classes hurt everyone. It hurts hardworking teachers who break their backs for their students, it hurts students & families who gave up so much just for a chance at education and a better life, it hurts the Ministry of Education, it hurts the government, it hurts the public service, it hurts our nation, it hurts our future generations, it hurts everyone.

We love all the teachers who work hard in educating and teaching us. We deeply appreciate the sacrifices of our teachers. We all need teachers who are caring and dedicated like all of you. Teachers do not deserve to suffer while absent colleagues tarnish the reputation of the nation. Teachers do not deserve double-work because they’re forced to make-up for absent colleagues.

Quality education is our only hope to leave the cycle of poverty. Many in Kg. Taun Gusi, and in villages across Sabah & Malaysia, are of poor families. Out of 158 administrative districts in Malaysia, Kota Belud is 134th in median monthly household income. Out of 158, Kota Belud is 152nd in income inequality. As they say, “In reality, people aren’t going hungry because we cannot feed the poor. People are going hungry because we cannot satisfy the rich.” Enough is enough: end corruption in education, end abuse in education, end negligence in education.

October 2020 — High Court Update

20-year-old Plaintiff Siti Nafirah binti Siman's public interest litigation case against the Ministry of Education and an allegedly seven-month absent teacher now has a new trial date.

The High Court trial is set for November 2 - 6, 2020. The previous May 4 -6, 8 dates were vacated by the High Court due to the COVID-19 pandemic.

Ever vigilant, Siti Nafirah remains extremely eager to proceed to a full High Court trial against the seven Defendants. Siti Nafirah's explosive allegations include misfeasance in public office, a seven-month absent teacher, and Ministry of Education officers' collaborating to fabricate government records in a chain stretching from Kampung Taun Gusi to the Kota Belud District Education Department and the Sabah State Education Department.

Siti Nafirah is one of the youngest Plaintiffs in Malaysian history. Her triple victories over the Federal Government during pre-trial case management have set the tone that children will no longer accept the culture of fear & silence by the Ministry of Education and its officers: 1) her victory over the Federal Government's striking out application, 2) her victorious Discovery application over the Federal Government's refusal to produce evidence, and 3) her victorious Further & Better Particulars application against the Federal Government's Defense.

"For most people, education is the best way out of poverty. Return to our students their right to a proper education."

Datin Noor Azimah Abdul Rahman, Chair of the Parent Action Group for Education Malaysia on 18 April 2018 ⤤

Kota Belud is one of Malaysia's poorest administrative districts: ranked 134th of 158, the median monthly income is RM3,025. Worse yet, Kota Belud has been struck hard by income inequality. Registering a Gini Coefficient of 0.412, Kota Belud is ranked 151st of 158 with nearly Malaysia's highest level of income inequality. This data is sourced from the Department of Statistics Malaysia "Laporan Sosioekonomi 2019" released in early August 2020.

Still, cases of Education Ministry misconduct continue to affect Kota Belud, Sabah, in 2020. First, an English teacher was recently convicted to 11 years jail ⤤ after sexually assaulting an eight-year-old female primary student repeatedly in the school classroom. The girl's mother met the Kota Belud primary school principal, who then investigated and referred the case to the Kota Belud District Education Department. The mother lodged a police report against the teacher and he was arrested at school the next day. Second, 600 days after this civil suit was filed, the Sabah State Education Department admitted at least eight cases of absent school principals ⤤.

As Siti Nafirah stated at her High Court filing,

I want to be firm here. I love all the teachers who work hard in educating and teaching us. I deeply appreciate the sacrifices of my teachers. We all need teachers who are caring and dedicated like all of you. My anguish is from the teachers who stole our rights...

18-year-old Plaintiff Siti Nafirah on 31 October 2018

But with the existence of teachers who deny the right to education and school principals who are willing to lie in order to safeguard their own reputation, then the right to education,our hopes, and our dreams are shattered just like that. On a national level, I hope that the right to education for everystudent in the whole of Malaysia is prioritised. Never again should such mistreatment occur. When teachers do not enter their classes, it destroys our education and our future.

18-year-old Plaintiff Siti Nafirah on 31 October 2018

Upcoming notable dates

  • The High Court trial will commence on Monday, November 2nd. It will continue on Tuesday, November 3rd | Wednesday, November 4th | Thursday, November 5th | Friday, November 6th.

The High Court has updated the trial dates from May to November, due to the COVID-19 pandemic and lockdown measures that affected nearly all cases.

January 2020 — High Court Update

20-year-old Plaintiff Siti Nafirah's public interest litigation case will soon be heard, noted the High Court at the late December Mention.

To 21.1.2020 for further Mention at 9am. Trial dates on 4-6 & 8 May 2020.

— High Court of Sabah & Sarawak on 23 December 2019

Thus, May 4 - May 6, 2020 and May 8, 2020 have been set by the High Court as the TRIAL DATES. The High Court has also set Jan. 21, 2020 as final pre-trial case management.

Siti Nafirah is confident and enthusiastic for the High Court trial to commence, where she will prove her stated allegations against these seven Defendants and their multiple officers in a court of law.

Public interest litigation systematically breaks down walls of injustice, built against society's powerless, and thus casts light into dark corners. Recently, the High Court ruled in Plaintiff Siti Nafirah's favour in two victorious High Court interlocutory applications (Discovery; Further & Better Particulars) and a third near-total High Court victory in dismissing the Defendants' Striking Out Application.

"School is a place for teachers to teach, students to learn. But with the existence of teachers who deny the right to education and school principals who are willing to lie in order to safeguard their own reputation, then the right to education, our hopes, and our dreams are shattered just like that.
...
It is time to end this culture. I want each school to give the best education to its students. If there are teachers who do not enter class, this matter must be solved immediately. Teachers lose nothing if they don’t teach: students lose everything if they don’t learn. The culture of fear for speaking up must end."

18-year-old Plaintiff Siti Nafirah on 31 October 2018

Siti Nafirah's allegations against these seven Defendants, in a chain that ran from a school in coastal Kota Belud, Sabah to the Ministry's offices in Putrajaya, include, but are not limited to, misfeasance in public office, extreme teacher absenteeism, Constitutional violations, and breach of statutory duty at Malaysia's Ministry of Education and will now be demonstrated in a full, public High Court trial in Kota Kinabalu, Sabah, Malaysia.

Upcoming notable dates

  • The seventh High Court Mention was on Monday, December 23rd, 2019.
  • The Final Pre-Trial Case Management date is set for Tuesday, January 21st, 2020.
  • The High Court trial will commence on Monday, May 4th; Tuesday, May 5th; Wednesday, May 6th; and Friday, May 8th, 2020.

A High Court trial date has now been set: May 4 - May 6, 2020 and May 8, 2020.

September 2019 — High Court Update

In a second major victory, 19-year-old plaintiff Siti Nafirah binti Siman has again succeeded at the High Court: High Court Judge YA Tuan Ismail bin Brahim dismissed the Defendants' striking out application. Conversely, the High Court did strike out the 3rd Defendant SMK Taun Gusi as a named Defendant.

All seven other Defendants remain, including the (1) allegedly seven-month absent teacher Jainal Jamran, (2) SMK Taun Gusi school principal Hj. Suid bin Hj. Hanapi, (4) the Kota Belud District Education Officer, (5) the Sabah State Education Department Director, (6) Director General of Education Malaysia, (7) Minister of Education, and (8) the Government of Malaysia.

The Court will not strike out the application but however allow the 3rd Defendant to be struck out as one of the Defendant . There shall be no order as costs.

— High Court of Sabah & Sarawak Ruling on 4 September 2019

This ruling marks the beginning of the end of pre-trial case management. The Defendants have a 30-day window from this ruling to appeal their striking out application's dismissal at the Court of Appeal (editor's note: no appeal was filed).

Barring any further delays, Siti Nafirah's public interest litigation against alleged extreme teacher absenteeism, breach of statutory duty, and misfeasance in public office at Malaysia's Ministry of Education will now proceed to a full High Court trial in Kota Kinabalu, Sabah.

In regards to the July 2019 — High Court Update, the Defendants were forced to comply with the High Court Ruling & Court Order. Siti Nafirah, the Plaintiff, is now in possession of government evidence from Discovery that the Defendants did not voluntarily produce for the High Court previously in pre-trial case management. Likewise, the Plaintiff now has in writing the Further & Better Particulars demanded from the Defendants (from the same High Court Ruling & Court Order as as Discovery).

Upcoming notable dates

  • The fifth High Court Mention was on Thursday, October 10th, 2019.
  • The sixth  High Court mention was on Thursday, November 14th, 2019.
  • The seventh High Court mention is scheduled for Monday, December 23rd, 2019.

No trial date has been set.

July 2019 — High Court Update

In the first High Court ruling of the case—after four High Court mentions and five High Court hearings—19-year-old Plaintiff Siti Nafirah binti Siman has succeeded in both her Interlocutory Applications at the High Court of Sabah & Sarawak against the eight (8) Defendants.

Allowing both applications for Enclosure 19 and Enclosure 17. The costs of the applications shall be costs in the cause.

— High Court of Sabah & Sarawak Ruling on 18 July 2019

High Court Judge YA Tuan Ismail bin Brahim's Ruling  against the eight Defendants:

  1. Allowed the Plaintiff's Interlocutory Application for DISCOVERY (Enclosure 17) for evidence NOT voluntarily tendered by the Defendants;
  2. Allowed the Plaintiff's Interlocutory Application for FURTHER AND BETTER PARTICULARS (Enclosure 19);
  3. Set costs of the Applications to be costs in the cause.

Upcoming notable dates

  • Meanwhile, the Defendants began an Application to strike out this public interest litigation brought against them at the High Court. The Defendants' application has been filed under Rules of Court 2012, O. 18 r. 19; a ruling on the Defendants' Application  from the High Court is expected on 4 September 2019 at 9:00 am.

No trial date has been set.

October 2018 — High Court Filing

Seven months without a teacher: principal, Ministry of Education officers in breach of statutory duty, claims High Court case

Kota Belud District is one of the poorest in Malaysia

30 October 2018

  • SMK Taun Gusi is located in Kota Belud, Sabah, a coastal district; school less than 5 km from ocean and less than 90 minutes from Kota Kinabalu, state’s largest city and capital
  • Numerous notifications were cumulatively sent to district, state, and national education officers over seven-month absence (beginning in March, second month of absences)
  • At the end of year, “positive steps” were taken by the teacher, principal, Kota Belud District Education Office, & Sabah State Education Dept. to conceal seven-month absence
  • High Court remedies focused on declarations and aim to bring an end to these practices & the culture of fear and silence in schools for the next generation of Malaysian students

KOTA BELUD, Malaysia — By a public interest litigation case filed at the High Court of Sabah & Sarawak, 18-year-old Siti Nafirah binti Siman, a native of Kota Belud, Sabah, is standing up for the children who cannot so that failures of integrity and accountability in the education system can be remedied. A recent report by the Khazanah Research Institute showed 3 years of idle education in Malaysian schools due to poor education quality: this case is one such example of the widening education gap existing in Malaysian schools.1

Nafirah and her former classmates live in one of Malaysia’s poorest districts. A coastal area of Sabah, Kota Belud district is ranked 134th out of 158 administrative districts in median household income. Kota Belud also has one of the highest poverty rates (15 times the national average of 0.4%) and one highest levels of income inequality in Sabah.2 For Nafirah and her class, SMK Taun Gusi was their only hope to exit the cycle of poverty.

Nafirah was fifteen years old at the time of the events in the writ. Her father passed away when she was seven years old and she is the youngest, and only daughter, of five children. She is originally from Kg. Sembirai in Kota Belud; when she was four years old, her family moved to Kg. Jawi-Jawi, the village immediately beside SMK Taun Gusi and SK Taun Gusi, to be closer to the schools and to be taken care of by her grandmother.

These students’ families, including the Plaintiff’s, had been preparing their children for a brighter future for decades, making enormous sacrifices just for a chance that perhaps their children’s life may be better than theirs. Many can trace in our own family histories one person who overcame insurmountable odds to succeed and set their future progeny on a course of prosperity. For these once-in-a-generation individuals, it was often education that was the key and in our Plaintiff’s case, it was this right that was denied by the very people trusted to safeguard this right to education, above their personal interests and to act with integrity and accountability.

Footnotes:
1. Khazanah Research Institute, The State of Households 2018: Different Realities, October 2018.
2. Department of Statistics Malaysia, 2016.

October 2018 — The Plaintiff's Speech

"To make matters worse, this teacher was protected by the school."

The international release of Siti Nafirah's public statement about her case at the High Court of Sabah & Sarawak. This public interest litigation centers on the right to a quality education in Malaysia.

KOTA BELUD, Malaysia | 7 August 2019

  • This statement was issued by Siti Nafirah binti Siman on 30 October 2018, the date when summons were sent to the eight Defendants. This statement has been approved by Siti Nafirah binti Siman's legal team.
  • The original language was Bahasa Malaysia; below is a verified English translation.
In 2015, I was one of the Form 4 Commerce students that was victimised by our English teacher who did not enter our class from the month of February until the month of October. My friends and I were deeply disturbed at that time as we were afraid we would fail our examinations. We wanted to learn. We always waited for our English teacher to arrive and enter class to teach. Only just before the final year examinations began, this teacher entered into class once again, after having abandoned us for months.

On this day, I raise up the voice of our generation that has been silenced all this while. I am a representative of this generation of students who calls upon all the students in Malaysia to be courageous in defending their right to education without fear and hopelessness. School is a place for teachers to teach, students to learn. But with the existence of teachers who deny the right to education and school principals who are willing to lie in order to safeguard their own reputation, then the right to education, our hopes, and our dreams are shattered just like that. On a national level, I hope that the right to education for every student in the whole of Malaysia is prioritised. Never again should such mistreatment occur. When teachers do not enter their classes, it destroys our education and our future.

I want to be firm here. I love all the teachers who work hard in educating and teaching us. I deeply appreciate the sacrifices of my teachers. We all need teachers who are caring and dedicated like all of you. My anguish is from the teachers who stole our rights, who did not teach us well to the point we failed our examinations. To make matters worse, this teacher was protected by the school. No action was taken. This teacher is still at the school and still had not entered to teach. Why did the school silence this case even though it was obvious that our right to education was stolen? Where is the accountability from all parties in our case? Why did the principal not take any action? Why did the PPD ignore us? Why did the JPN keep silent?

Quality education is our hope to change from poverty. At SMK Taun Gusi, most of the students are from poor and needy families. At this school, too, most teachers have experienced suffering and poverty when they were students like us. Now, all of them are successful and their lives are better because they received a good education. To the teachers who victimise us, who steal our right to education: we too want to learn. We too want to be successful and improve our families’ lives.

It is time to end this culture. I want each school to give the best education to its students. If there are teachers who do not enter class, this matter must be solved immediately. Teachers lose nothing if they don’t teach: students lose everything if they don’t learn. The culture of fear for speaking up must end.

Without teachers, we cannot be successful; we fail to achieve our ambitions. Without teachers, we lose direction, we lose education. Without education, our lives become abject and meaningless.

For the future of our generation, what is more important than teachers in the classroom teaching?

— Siti Nafirah binti Siman, 18-year-old Plaintiff