Court rejects ex-student’s bid to reinstate ministry in bullying suit

PUTRAJAYA: The Court of Appeal has dismissed a former student’s bid to reinstate her claim for breach of statutory duty against the education ministry in a lawsuit involving alleged bullying at a school.

The teenager, a former student of a Chinese independent school in Kuala Lumpur, claimed that a male classmate had bullied her by punching her four years ago.

She further alleged that the school failed to take appropriate action against the boy and instead verbally insulted her regarding the incident.

A police report was lodged, and a formal complaint was also submitted to the education ministry, which responded that the school had taken action.

The student subsequently filed a lawsuit in 2023 at the sessions court against the alleged perpetrator, the school, teachers, and the education ministry.

However, the court struck out her claim of breach of statutory duty against the ministry, holding that the government does not exercise control over Chinese independent schools.

The High Court upheld that decision last year.

A panel led by Justice Zaini Mazlan today dismissed the teenager’s application for leave to reinstate the ministry as a defendant, ruling that she had failed to meet the required legal threshold.

The other judges on the panel were Justices Evrol Mariette Peters and Nadzarin Wok Nordin. The court also ordered her to pay RM20,000 in costs.

The trial against the school and the alleged male student is scheduled to begin in February.

Court cautions lawyer

During the hearing, the plaintiff’s lawyer, Lo Jia Yi, argued that Chinese independent schools fall under the jurisdiction of the education ministry, and that the government could therefore be held liable for failing to take action.

Zaini cautioned the lawyer against making such assertions.

“This is a dangerous proposition, counsel,” he said.

Zaini: Does the government pay the teachers’ salaries?

Lo: No.

Nadzarin also noted that while teachers in Chinese independent schools may be registered with the ministry for certification purposes, this does not make them government servants.

Senior federal counsel Liew Horng Bin, representing the education ministry, also maintained that Chinese independent schools do not fall under the ministry’s jurisdiction.

He said the plaintiff’s argument that all Chinese independent schools fall under the category of private educational institutions was “not only precariously dangerous, but also navigating a legal minefield and political firestorm”.

“If they are indeed private schools as defined under our law, then they must follow the national curriculum and students must sit for the SPM,” he said, noting that these schools have their own syllabi and examinations.

Liew also said police investigated the bullying complaint but later classified the case as “no further action”.

“To say the government did not take any action is incorrect. The police informed the parties on the outcome of the investigation, and the school also took disciplinary action against the boy,” he said.