Students participating in Politics – On and Off Campus.

How many of you are currently studying in University or College, put your hands up! Not too long ago, politics was way off the campus; students were not allowed to participate in any form of political discussions. They were kept at bay. If you do not follow the rules, you are likely to be arrested, even if you are just participating in a rally.[1]

Moving on, as the current Government promised to uphold civil liberties, they vowed to formulate progressive laws. One of which is to amend the Universities and University Colleges Act 1971 (UUCA 1971). Now, that did happen. On 10^th December 2018, Education Minister of Malaysia tabled and repealed Section 15 (2) (c) of UUCA 1971.

But what does this amendment mean to us as ordinary students? Section 15 (2) (c) of UUCA 1971, used to prevent students from being involved in political activities within the campus. As in previously, any kind of political discussions and forums were not allowed into the campus, due to the existence of this particular Section.

Since the Act’s establishment in 1970s, the Malaysian Government, or rather the former Malaysian Government, have used both UUCA 1971 and as well as, University (Disciplinary of Students) Rules 1999 to silence students and limit students’ political movements on and off campus.

The leading judgment of the case known as the UKM 4 in 2010[2], which lead to the amendment of the Act in 2012. The amendment to the Act in 2012, permitted the involvement of students in politics off campus; but politics was still a big NO on campus.

What was this UKM 4 case all about? Was it a Superhero Sequel, no. (Or maybe they were our very own student superheroes!) The appellants (Those students who were arrested), were Political Science students; whom were present during the Hulu Selangor by election in the year 2010 to observe the by election. (The irony was, even political science students did not have the avenue to explore and observe politics, how then they would understand the science behind it all.)

The University when sought a Disciplinary Proceedings against them, the Fantastic Four team were said to be in breach of Section 15 (5) (a) of the UUCA 1971; which prevents students from expressing support for parties and participating in politics. The lawyers to the students argued that, the said Section is in breach of Article 10 (1) (a) of the Federal Constitution,

Which indirectly means that, prohibiting students from expressing their support for political parties and participating in politics, violates their freedom of expression and hence the Federal Constitution.[3] and the court ruled in their favour!

 You got to hear Mohd Hishamuddin Yunus JCA’s powerful statement (quote);

“In my opinion such a provision as Section (5) (a) of the UUCA impedes the healthy development of the critical mind and original thoughts of students – objectives that seats of higher learning should strive to achieve. Universities should be the breeding ground of reformers and thinkers, and not institutions to produce student trained as robots. Clearly the provision is not only counterproductive but repressive in nature”[4]

Prior to amendment, politics were only allowed off campus, but no political participation or aligning with any political parties. So now, by right, politics should be allowed on campus, too right? But, here is a catch!

Politics were then allowed off campus, but not on campus. But after the recent amendment, by Dr. Maszlee Malik, Education Minister Malaysia, politics can also be allowed on campus! So now, you are allowed to participate in politics not just off campus, but on campus too! How great is that?

The following Sections still do exist, Section 15 (2), Section 15 (3)[5]^,[6], which essentially gives the power to the University Board to decide which is lawful and which is not. A student cannot become a member of an organisation or political party which the Board does not approve of. At the end of the day, the University Board decide which organisation is suitable for the wellbeing and interests of the students or the university.

Not just the existence of UUCA 1971 that regulates student movements in Universities, but also the University (Discipline of Students) Rules 1999. These rules prohibits students to do anything at all that would jeopardise the University’s reputation. Further, it also prohibits students from organising assemblies without prior permission of the Vice Chancellor.

It is unclear, whether the University Rules 1999 still has any application at all, especially after the amendment to Section 15 (2) (c). Without a clear directive on the organisation of assemblies on campus, it has the potential to be abused by the Vice Chancellors.

For an example, the Rules  prohibits assembly or five persons or more, without the approval of Vice Chancellor. The Vice Chancellor may hold even a forum discussion to be an assembly, and hence would not approve of it.

It is good to note one of the known practices of the previous Government; the Minister of Education appoints the Vice Chancellor to Malaysian Public Universities, who also has the discretionary power to decide whether expelled or suspended students can be accepted into another University. The Minister also has the discretionary power to appoint majority of a University’s Board of Directors, as per Section 15 (2) (b), the board has the power to determine the lawfulness of political parties on campus.[7]

In order to decide whether or not students, can now participate legally in politics on and off campus,        is rather tricky.

Why so? The power still remains in the hands of Vice Chancellor and Board of Directors; even if we omit the contradictory rules on University (Discipline of Students) Rules 1999. Even if we solely base our thoughts on the UUCA 1971 (amended 2018) in itself.  Because, Sections such as Section 15 (2) (b) and Section 15 (3) (a) and (b) still exist and is not repealed yet.