2
 
Dec
 
2020
 · 
Campaign

The Top 10 Misconceptions about this Public Interest Litigation

The misconceptions, half-truths, and bad faith tactics: how to beat back the darkness, desperately working to ensure corruption feels legitimate and even "good".

We are the teachers & students of the Tiada.Guru campaign. Today's lesson will cover prevalent bad-faith, corrupt, or misleading misconceptions. Unfortunately, many have either not done the reading. But, teachers have decades of patience for different learning speeds, so let us begin.

All artwork can be downloaded for free at the link below; the Top 10 Misconceptions series starts at Poster 036.

TOP MISCONCEPTION #1

Poster 036 ⤤

Fikir bah dulu.

Seven months of continuous courses? The Plaintiff's Statement of Claim states no teacher entered to replace the 1st Defendant for the entire seven months. Cited repeatedly in KPM SOP & regulations, classrooms must remain under teacher supervision at all times (the legal principle of in loco parentis). It is settled law. Likewise, both PPD district offices and JPN state offices manage schools: we have an extremely centralized education system: they too hold responsibility.

Worst yet for this irrational argument, the Defendants allege the opposite: they allege 1st Defendant Jainal Jamran entered their class with "very satisfactory" attendance because they realize how asinine it would be to claim a teacher had seven months of mandatory courses and they did not assign a replacement teacher. Look carefully at anyone who uses this argument—people like to say the conflict is between good and evil; the real conflict is between truth and lies.

Sources:

TOP MISCONCEPTION #2

Poster 037 ⤤

Fikir bah dulu.

1st Defendant Jainal's curriculum option is English and he'd taught English at SMK Taun Gusi for over 20 years (1999 to 2020). Likewise, 1st Defendant Jainal is a native of Kota Belud, Sabah. Even the most junior teachers understand MOE SOP: we cannot refuse work while receiving a salary. Many MOE teachers support this litigation to end misconduct & abuse because this culture is so demotivating, disastrous, and corrupt.

Of course, as high-ranking public servants, all Defendants know—with stunning clarity—that attendance is a prerequisite for our salary. For teachers who do not like teaching in poor or rural areas, we can only say: originally, we all are from rural ancestors in undeveloped areas. Education is a right, not a reward, guaranteed by the government. Many become corrupt for their comfort as arrogance is the camouflage of insecurity. Look carefully at anyone who uses this argument—people like to say the conflict is between good and evil; the real conflict is between truth and lies.

Sources:

TOP MISCONCEPTION #3

Poster 038 ⤤

Fikir bah dulu.

"Privilege: the way we alter our narrative in order to downplay the ways in which the biases of the system have worked in our favor." (source: Rian Johnson). Even the Ministry of Education admits—repeatedly—that extreme teacher absenteeism is affecting Malaysia's schools. Just not this case where a whistleblower student summoned them to High Court for claims similar to ones the Ministry has openly admitted to previously?

In its 263-page "Melindungi Masa Instruksional" report published in 2013, the KPM admits "guru tidak masuk ke kelas" over 20 times. In 2017, the Minister of Education admitted an employee had been absent for 2,002 days before being dismissed. Look carefully at anyone who uses this argument—people like to say the conflict is between good and evil; the real conflict is between truth and lies.

Source:

TOP MISCONCEPTION #4

Poster 039 ⤤

Fikir bah dulu.

We are native Sabahans. What is most ungrateful to a hardworking teacher is an extremely absent colleague who is paid, never disciplined, and pushes work onto you while you sacrifice years of your life for the nation. SMK Taun Gusi is not an interior school: it is ~5km from the ocean, less than 90 minutes from Kota Kinabalu (KK), on the highway from KK to Kudat, and the 1st Defendant Jainal Jamran both is from and still lives in Kampung Taun Gusi. His school is inside his kampung area. Further, the Defendants allege 1st Defendant Jainal did enter.

Still, if the MOE admits extreme teacher absenteeism is "unavoidable" and they have failed their Constitutional duties, then the KPM must take good-faith actions for affected students like declaring teacher attendance on exam slips, informing their families early so they do not waste the effort & money to go to an empty classroom, and provide equivalent remedial education for all missed instruction. Look carefully at anyone who uses this argument—people like to say the conflict is between good and evil; the real conflict is between truth and lies.

Source:

TOP MISCONCEPTION #5

Poster 040 ⤤

Fikir bah dulu.

She is not suing just 1st Defendant Jainal, but also the 2nd Defendant headmaster Suid bin Hanapi, the 4th Defendant Kota Belud District Education Officer, the 5th Defendant Sabah State Education Director, the 6th Defendant Director-General of Education, the 7th Defendant Minister of Education, and the 8th Defendant the Federal Government. She is standing up to the entire system.

Source:

TOP MISCONCEPTION #6

Poster 041 ⤤

Fikir bah dulu.

Even though the poorest 40% of Malaysians (B40) are the least protected, they clearly are not filing 40% of all litigation. Why the discrepancy? They are at the highest risk of government abuse, corruption, brutality, negligence, and zero oversight. For decades, the rich have toyed with the rich in Court: public interest litigation is the ultimate expression of equality of the all.

Look carefully at anyone who uses this argument—people like to say the conflict is between good and evil; the real conflict is between truth and lies.

Source:

TOP MISCONCEPTION #7

Poster 042 ⤤

Fikir bah dulu.

This argument has been repeated in kinder and gentler phrasing by the most corrupt public servants in Malaysian history. They rarely use blunt terms to avoid public condemnation & instigation, but they say it privately. We know because they have told us. What would they say if we suspended the same laws for their own children? They get very angry: why? "If you have the facts on your side, pound the facts.

If you have the law on your side, pound the law. If you have neither on your side, pound the table." Look carefully at anyone who uses this argument—people like to say the conflict is between good and evil; the real conflict is between truth and lies.

Source:

TOP MISCONCEPTION #8

Poster 043 ⤤

Fikir bah dulu.

"What kind of attitude is that? These things only happen because the whole country is just full of people who—when these things happen—they just say, 'These things happen' and that's why they happen!" This case is different because,

  1. It was filed by a kampung victim-whistleblower from the heart of Malaysia's inequality emergency;
  2. It was filed by one of Malaysia's youngest ever Plaintiffs who has no time to waste on pessimism;
  3. It was filed as public interest litigation, for everyone who cannot speak up today;
  4. It already has won three major pre-trial Court rulings by the High Court Judge, even beating a Striking Out Application.

"Act as if what you do makes a difference: it does."

Sources:

TOP MISCONCEPTION #9

Poster 044 ⤤

Fikir bah dulu.

"Any 15-year-old from Malaysia's 134th poorest district with zero law firms could have instantly beat the Federal Government in High Court. I—a rich and/or well-connected Malaysian—have many lawyer friends: easy to call up, bah!"

This misleading and troll-esque commentary is self-defeating, luckily. Really look carefully at anyone who uses this argument—people like to say the conflict is between good and evil; the real conflict is between truth and lies.

Sources:

TOP MISCONCEPTION #10

Poster 045 ⤤

Fikir bah dulu.

Of course all Defendants will receive full justice: this is High Court litigation, not canteen gossip. They may happily provide sworn testimony and be compensated for their time. The High Court judge will decide their fate from their testimony & their evidence. If a teacher believes their rights as a public servant were infringed by a private citizen, they must immediately contact the school administrators.

No luck? Don't give up: meet the PPD as soon as possible. Still nothing? OK, escalate to the JPN: you have no other choice. Denied again? Prepare to meet the KPM. Thrown out of the room? Appeal your case to the Attorney-General: you, as a public servant, have access to government lawyers. What, the AGC doesn't want to take your case against a student? All right, begin contacting private lawyers. This shouldn't be too hard, right? This is exactly what Siti Nafirah has already accomplished, without the privilege of government lawyers.

Look carefully at anyone who uses this argument—people like to say the conflict is between good and evil; the real conflict is between truth and lies.

Source:

Tiada.Guru

"The culture of fear for speaking up must end.”

Tawau, Sabah | LingXing Lee ⤤ on Unsplash ⤤