Court rules UUCA Section 15(5)(a) violates freedom of expression

PUTRAJAYA: A landmark Court of Appeal decision ruled Monday that Section 15(5)(a) of the Universities and University Colleges Act 1971 (UUCA) is unconstitutional and violates freedom of expression.

It overturned by a majority decision of the Kuala Lumpur High Courts decision which had declared the restrictions under the section as constitutional as the section allowed public universities to take disciplinary action against the students.

The appelate court allowed the appeal by four former Universiti Kebangsaan Malaysia students who had sought a declaration that the UUCA is constitutional.

The students were arrested by police during the Hulu Selangor by-election in April last year and later faced disciplinary proceedings initiated by UKM on July 4 this year. They were found not guilty by the university board.

The students then sought a court declaration that Section 15(5)(a) was unconstitutional.

The students argued that Article 119 of Federal Constitution specifically states that every citizen above the age of 21 is qualified to vote, which is a form of expression and participation in politics.

Thus, the provisions under Section 15(5)(a), which disallows students from expressing support for parties and participating in politics, is in direct contradiction with the Constitution.

-The STAR-