Absent teacher case: Group slams Education Ministry's 'radio silence'

The Tiada Guru Campaign, which backed the landmark case where a group of students sued their teacher for absenteeism in 2020, has slammed the Education Ministry over its “radio silence” after the case concluded three years later.

In a statement today, the group accused its minister and director-general, named as defendants in the suit, of being incompetent, as they have not said a word about the case verdict.

The group pointed out that the teacher’s absenteeism may not be the ministry's or the government’s fault, but it is nevertheless their problem to address.

“A credible and competent education minister would have leapt to justice after no appeal was filed. As a lawyer and being well aware of the judgment, (the minister) monumentally failed to act in these 28 months.

“Even if those violations hurt children, hurt Sabahans, hurt women, hurt rural communities, hurt education, hurt the rule of law, hurt democracy: it appears this federal government, especially the Education Ministry, prefers a shameful reputation,” Tiada Guru said.

The group added that it would have been better if the defendants had simply admitted that they had ignored the court orders.

A win for students

In 2023, the Kota Kinabalu High Court ruled in favour of former SMK Taun Gusi students Rusiah Sabdarin, Nur Natasha Allisya Hamali, and Calvina Angayung, who sued their teacher, Jainal Jamran, the school’s principal, Suid Hanapi, the education director-general, the education minister, and the government over Jainal’s absenteeism.

The court found that the plaintiffs had successfully proved that their teacher was frequently absent in the months leading to their examination in November 2017, with no evidence that he was on leave or involved in other school activities.

Judge Leonard David Shim had ruled that the defendants had breached their statutory duty under the Education Act 1966 and Regulations 3C, 25 and 26 of the Public Officers (Conduct and Discipline) Regulations 1993.

Following this, the judge awarded RM150,000 damages to the plaintiffs, another RM50,000 for nominal and aggravated damages to each plaintiff, and five percent interest per annum from the verdict date, which was July 18, 2023, until the full settlement.

However, their lawyer, Sherzali Herza Asli, said last month that the government has not paid the court-ordered damages, and that there was no application from the defendants to postpone the payments.

Attorney-General Dusuki Mokhtar responded by telling the lawyer to write to the AGC to inquire about the payments, which would trigger the payout process.

Sherzali then pointed out that the onus is on the government to ensure the damages are paid, and that it is misguided for the defendants to shift blame to the plaintiffs or their counsels over the non-payment matter.

Demands to the govt

Tiada Guru also reiterated their demands to the government, particularly the Education Ministry, that they must not only dismiss the officers named in the court judgment but also launch an investigation into whether these officers had committed any criminal offences.

It also urged MPs to strengthen the public ombudsman with investigative, punitive, restorative and enforcement powers.

“The defendants should pay RM30,000 in damages to 23 other former class 4 SS students (as) the High Court awarded nominal damages of RM30,000 to each plaintiff.

“This is because the defendants denied a ‘good opportunity in our lives to receive a better education’ (in which) the same opportunity was denied to every class 4 SS students.

“The court’s compensation and the above damages must be paid forthwith, from the non-responsible parties (and) the interest must be paid out of the salary or pension of the (education minister).

“Furthermore, Jainal and Suid, as well as (their respective) partners must pay as much of the judgment as they can from their salaries and pensions,” it said.

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