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2023 MarsdenLR 1552

COURT OF APPEAL PUTRAJAYA
MOHD ZAI MUSTAFA – Appellant
Versus
MENTERI PENDIDIKAN MALAYSIA & ORS AND OTHER APPEALS – Respondent


Petitioner Advocates:Mohamed Haniff Khatri Abdulla,Aidil Khalid ,Respondent Advocate: Liew Horng Bin

Azizul Azmi Adnan JCA:

Introduction

[1] The appeals in the present case related to challenges on the legality and constitutionality of the vernacular schools system in Malaysia. There were eight appeals, which emanated from three suits filed at the High Court: two were commenced as writ actions in the High Court at Kuala Lumpur (Suit No WA-21NCVC-84-12/2019 and WA-21NCVC-2-01/2020), while the third case was an originating summons action commenced in the High Court at Kota Bharu (OS No 10 DA-24NCVC-66-02/2020).

The Parties

[2] The plaintiffs at first instance were the office bearers of various non-governmental organisations: Gabungan Pelajar Melayu Semenanjung (GPMS), Pertubuhan Pembangunan Pendidikan Islam Malaysia (MAPPIM), Gabungan Persatuan Penulis Nasional Malaysia (GAPENA), Pertubuhan Ikatan Muslimin Malaysia (ISMA) and Ikatan Guru-Guru Muslim Malaysia.

[3] In all the cases, the Minister of Education and the government of Malaysia were named as defendants. Several other parties representing various interests were subsequently included as co-defendants.

The Two Writ Actions In The High Court At Kuala Lumpur

[4] In the writ action WA-21NCVC-84-12/2019 (referred to here as "Suit 84"), t

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