KUCHING: Sarawakians have responded positively to the Court of Appeal’s declaration that a provision in the Universities and University Colleges Act (UUCA) 1971, which restricts students from expressing support for, or opposing any political party is unconstitutional.
A three-man panel decided in a landmark 2-1 majority decision on Monday that Section 15 (5)(a) of the UUCA was unreasonable and violated freedom of speech.
Parti Pesaka Bumiputera Bersatu (PBB) Batu Kawah chairman Datuk Ahmad Ibrahim said freedom of speech and expression is a way of life that should be encouraged.
However, he cautioned that young minds should be better informed before expressing their opinions on campus or in public.
“They must choose their arguments or make their stand after doing careful research, fully understanding the issues that they want to voice out. Not everything that is popular is necessarily good for the nation.
“As a good citizen, we must abide by the law and maintain the peace and harmony we have cherished all this time,” he said adding that students should never choose violence to get their message across.
The judgement, he said, should be well received by both sides of the political divide and proved that the judiciary is independent from the executive.
“If the Section 15 (5)(a) is reviewed, it will empower the younger generation. Their voices, especially on politics will increase in decibels and resonate with clarity never experienced by people before,” he said.
Sarawak Teachers’ Union (STU) president William Ghani Bina said he fully agreed with the ruling because university students are quite mature.
“They are not children and taking part in politics is part of the development of their minds and knowledge to shape the future political landscape of the country. They are also suppose to be future leaders of the nation. As future leaders, they must be knowledgeable of current political, economic and social development.
“Moreover we can’t separate politics from the normal way of life as most aspects of life are related to politics,” said Ghani.
As long as student involvement is healthy, he said, it would not be realistic to discourage them from politics.
Land Development Minister Tan Sri Dr James Masing said students must learn to live in an environment where freedom of expression is honoured, knowing full well that there are negative consequences if they abuse that freedom.
“We have laws which curb such abuse of freedom. I believe the UUCA will be reviewed soon. This shows that the government is aware of the need to have a thinking young population,” said Masing, who is Parti Rakyat Sarawak (PRS) president.
Calling for a repeal of Section 15 (5)(a) of the UUCA, Malaysian Parents Consultative Movement (Mapim) Sarawak president Wan Zain Syed Mohdzar said the Act should provide freedom of expression to university students.
“Tertiary students must be allowed to uphold democratic principles and air their views on nation building.
“I think many parents feel that it is not wrong for their children to get involved in politics because this will make them more mature. At least they should be given the opportunity to voice out some of the general issues, which the government of the day failed to tackle, for instance high cost of living and corruption, national security,” he said.
Universiti Malaysia Sarawak (Unimas) Social Science Faculty deputy dean Dr Neilson Ilan Mersat said the Court of Appeal’s decision was good for democracy.
However, he said, students must focus on their studies instead of politics because they would have ample time to be politically active after graduating.
“What is the point of being active in politics if you (students) can’t even bring home your scrolls?” he asked.
Deputy Parliament Speaker Datuk Wan Junaidi Tuanku Jaafar said he had advised his own children that they could get involved in politics but with restraint.
“It should not jeopardise their studies and their efforts to achieve educational excellence. That should be their first priority and it would be quite premature for them to govern the country through active participation in politics.
“They could have their stand, views and freedom to express themselves but I always maintained, by quoting Lord Denning in 1982, ‘Know when your right begins and when your right ends’,” he said.
The UUCA was introduced in the 1970s following an unease in society due to the rise of student power in 1974.