THE government’s decision to admit all top Sijil Pelajaran Malaysia (SPM) scorers regardless of race into matriculation programmes is not only meaningless as the current racial quota is maintained, but is also deceitful as the constitutionality of the current quota is unaddressed, said Lawyers For Liberty (LFL).
Its director Zaid Malek said the big question that was unaddressed by Prime Minister Datuk Seri Anwar Ibrahim is the obvious disproportionate quota for matriculation enrolment between Bumiputera and non-Bumiputera students.
“That disproportion is unconstitutional and contrary to Article 153 of the Constitution as has been repeatedly pointed out by legal experts and ignored by successive Malaysian governments,” he said in a statement on Tuesday (July 2).
“The current quota that allocates 90% of matriculation spots only for Bumiputeras can never be constitutionally justified as it massively favours the Bumiputera over the non-Bumiputeras.
“This cannot be deemed as a ‘reasonable proportion’ as clearly provided in Article 153; it unreasonably disregards the rights of the non-Bumiputeras to education.”
Zaid said the prime minister’s announcement, though sold as “something new and progressive” is decidedly not so as the current matriculation programme only allocates 10% of its enrolment to non-Bumiputeras.
He pointed out that as it stands, considering the small number of spots open for the non-Bumiputeras, this would have already included those who obtained 10As for their SPM.
“This then begs the question as to how this announcement remedies or ameliorates the unjust quota system that is now existing,” he remarked.
“It is greatly disappointing that the ‘reformist’ PM has shown no concern for the structural racism embedded into the matriculation programme as a result of the current racial quota for the matriculation programme.”
Status quo
According to Zaid, stating that non-Bumiputeras who excel are eligible for matriculation is not novel as it is the status quo.
Furthermore, by saying that only those who achieve 10As and above for SPM will be given the opportunity to join the matriculation programmes ignores the fact that only a handful of students actually take 10 subjects to begin with, he said, adding that this merely creates yet another barrier of entry for the non-Bumiputeras into tertiary education.
“And what about outstanding non-Bumi students who get 9As, 8As or 7As? Anwar’s announcement leaves them out in the cold. Do they not deserve to get a place in matriculation? Should they be punished and denied places in matriculation because of their skin colour?” he questioned.
“Though this announcement was purportedly made to ease racial tensions on this issue, it is not only meaningless since the current racial quota is maintained, but is deceitful as the constitutionality of the current quota is unaddressed.
“There is nothing bold about this decision by the Madani government as it cowers in fear of Malay conservatives, to the detriment of non-Bumiputeras as they perpetuate the same violation of Article 153 of the Constitution as their predecessor governments.”
Zaid said if the Madani government truly strives for fairness in the enrolment into the matriculation programmes, it must acknowledge that the current quota is unreasonable, disproportionate and thus, unconstitutional.
“Any announcement by the government that pledged a fairer share of educational places for non-Bumiputeras would only have any meaning if the current quota is reviewed,” he stated.
“This must be done by Anwar and his government, as the current quota system is unfair, unlawful and will draw comparisons with the apartheid system.” – July 2, 2024
Main pic credit: Utusan Malaysia
