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UNIVERSITIES AND UNIVERSITY COLLEGES ACT (UUCA) 1971 (ACT30):

EVALUATION FROM THE HUMAN RIGHTS PERSPECTIVE

By

Sheba Gumis

Syeela Marlina binti Uttaman

Wan Khairul Anwar Manan

(2005600835)

(2005601161)

(2005600595)

Submitted in Partial Fulfillment of the Requirements

for the Bachelor in Legal Studies (Hons)

Universiti Teknologi MARA

Faculty of Law

October 2007

The students/authors confirm that the work submitted is their own and that appropriate

credit has been given where reference has been made to the work of others.

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Abstract

For the last two semester we have been conducting a research on the University and

Universities college Act 1971 (UUCA) in Malaysia. In our research, we concentrated

on several sections in the UUCA that are controversial and are expected to infringe

the human rights and fundamental liberties of the citizens of Malaysia.

The UUCA is a controversial topic of which its abolishment has been repeatedly been

called for due to its infringement of human rights and natural justice. The recent call

for amendments to the UUCA makes it necessary for a research paper to be done on

the UUCA and its infringing provisions.

In completing this project paper, we have conducted two interviews with Student

Affairs officials from University Teknologi Mara (UiTM) and Universiti Kebangsaan

Malaysia (UKM).

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Acknowledgement

First and foremost, our deepest gratitude is forwarded to God whose guidance, help,

and grace is instrumental in making the finalization of this project paper a reality. We

would also like to convey our thankfulness and appreciation to our respected lecturer

who is also our supervisor, Professor Shad Saleem Faruqi who has been kind and

generous enough in lending us a helping hand throughout the completion of this

research. His guidance and assistance shall never be forgotten. In addition, we also

wish to acknowledge the assistance of few other people in helping us completing this

project paper.

Firstly, special thanks to the staff and librarians of Perpustakaan Tunku Abdul

Rahman I and II of Universiti Teknologi Mara Shah Alam and Perpustakaan Ahmad

Ibrahim of Universiti Malaya whose assistance has enabled us to find materials which

is fundamental tour research. Secondly, we would like to thank our family for their

constant encouragement and love. Their support has made it possible for us to endure

any difficulty that we faced along the completion of our work.

We would also like to thank Mr. Haji Salleh Yusof, who was Deputy Registrar of the

Student Affairs Department of UKM and Mr. Nazim Ganti Shaari, who is the Student

Affairs {Hal Ehwal Pelajar) coordinator for University Technology Mara's Law

Faculty for their kindness in making the interview sessions possible for us despite

their eventful schedule and also for sharing their thoughts with regard to the

University and Universities college Act 1971 (UUCA).

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Acknowledgement Abstract Contents Table of Cases

Table of Content

Chapter 1: Introduction

1.0 1.1 1.2 1.3 1.4 1.5 1.6

General Introduction Problem Statement Objective of study Methodology Limitation Significance of study Conclusion

11

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1-12

1 5 8 9 10 11 12

Chapter 2: Controversial Provisions of the UUCA 13-20

2.0 2.1

2.2

Introduction General Overview of the Controversial Provisions of the UUCA 2.1.1 Section 15 of the UUCA 2.1.2 Section 15 A of the UUCA 2.1.3 Section 15D of the UUCA 2.1.4 Section 16 of the UUCA 2.1.5 First Schedule, Part VI, section 48 of the

UUCA Conclusion

13

13 13 15 16 18

19 20

Chapter 3: Literature Review on the UUCA 21-29

3.0 3.1

3.2 3.3

Introduction Fundamental Liberties, Natural Justice. Rule of Law 3.1.1 Freedom of Speech, Assembly and

Association 3.1.2 Right of Education 3.1.3 Equality before the Law 3.1.4 Natural Justice 3.1.5 Rule of Law Criticism of the UUCA Conclusion

21

21

21 23 23 25 26 27 29

Chapter 4: The UUCA and its Comparison with the Existing Laws 30-34

Chapter 5:

Chapter 6:

4.0 4.1 4.2

4.3

Introduction Objective of the UUCA The comparison of the UUCA with existing Laws 4.2.1 Freedom of Association 4.2.2 Natural Justice denied 4.2.3 Absolute Discretionary Power 4.2.4 Right to Education 4.2.5 Equality Conclusion

Interview

5.0 5.1 5.2 5.3

Introduction Interview with Mr. Haji Salleh Yusof Interview with Mr. Nazim Ganti Shaari Conclusion

Conclusion and Recommendations

6.0 6.1

Introduction Other issues relevant to the UUCA

30 30 31 31 31 33 33 33 34

35

35 35 42 45

47

47 47

6.1.1 Globalisation and the UUCA 6.1.2 Political Science students and the UUCA 6.1.3 Double standard by the Government

6.2 Recommendations 6.2.1 Amendment to Section 15D of the UUCA 6.2.2 Applying the rule of Natural Justice in a

Disciplinary proceeding 6.2.3 Establishment of Independent Tribunal 6.2.4 Annulment of Section 15 and Section 16

of the UUCA 6.2.5 Abolishment of criminal penalties in the

UUCA 6.2.6 The creation of a uniform set of laws for

both Private and Public Institutions of Higher Learning

6.3 Conclusion

47 48 49 49 49

50 50

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52

52 53

Bibliography

Appendices

54-56

57-66

Appendix 1: Interview Questions Appendix 2: Sections of the UUCA

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