Posted in parti evangelis

Drinking, gambling and sekolah Cina are not constitutional rights

Lawyer Haniff Khatri is arguing in court that such schools are contrary to Article 152 of the federal constitution pertaining to BM as our national language — see NST article yesterday headlined ‘Lawyer calls for closure of vernacular schools’.

Haniff Khatri is representing Malay plaintiffs.

Since the groups calling for vernacular schools to be closed usually target sekolah Cina – whereas sekolah Tamil is scarcely mentioned – one might reasonably suppose that the dispute is part of the Malay vs Chinese push and shove.

Likewise the complaint that a ban on betting shops and limit on liquor sale is infringing on the ‘rights’ of non Malays.

Drinking and gambling is haram to Muslims. Therefore this is a religion issue.

But some of those complaining about the prohibition accuse the PAS Kedah menteri besar of being a Malay supremacist.

The complainants are not saying “we Christians, Buddhists, Hindus, etc oppose the gambling ban”. Instead they’re framing it as the ‘rights’ of non Malays to freely gamble (buy lottery, place bets) and freely drink are infringed.

So what happens next?


Malays control the Kedah legislature, so they get to enact the laws. Malays also control the Kedah bureaucracy, so they get to make the policies that further the law which bans betting. And Malays control the Kedah uniformed services too, so they get to implement the enforcement of the ban.


Malays control the government in Putrajaya, so they get to enact federal laws. Malays also control the national bureaucracy, so they get to make any regulation that curbs the sale of alcohol. And Malays control the uniformed services too, so they get to enforce the alcohol limit in KL (the Federal Territories).

Pushback and regime change

If they don’t like the bans, they can change the law. How to change the law then? Answer: By changing the government.

GE15 is not too far away. Voters who wish for legal gambling to be reinstated can try to oust the Islamist PAS government and replace with a Harapan government.

After all, Malaysiakini columnist Thayaparan lauds DAP as “demonstrating the right stuff” in Kedah by mounting “legal challenges against extremist laws”.

In comparison to DAP, the Chinese party MCA is “laughable” in the eyes of Thayaparan for “having the nerve to accuse the DAP of placating Muslims”.

Malaysians who believe it is their non-Muslim right to freely drink and gamble can try to topple PAS in Kedah, and topple BN-PN in Putrajaya to reverse such lifestyle restrictive laws.

Are Sekolah Cina the M’sian First schools?

For the moment and in the near future, there is no credible threat as yet to ban sekolah Cina.

The pro-Chinese school crowd, however, are arguing that they’re really the Malaysian Firstest even though many are unable to speak the national language.

A police report by lawyer Buzze Azam – about there being many Chinese lantern decorations – had sent (1) then Deputy Education Minister Teo Nie Ching accompanied by the (2) then DPM Wan Azizah, (3) Finance Minister Guan Eng and a bevy of other Harapan Ministers (4) Xavier Jayakumar, (5) Saifuddin, (6) Syed Saddiq, (7) Mujahid and (8) Gobind rushing to the school that draped itself in red lanterns during last year’s CNY.

BELOW: A delegation of eight Harapan ministers visited SMK Pusat Bandar Puchong that hung the ‘tanglung’ which were the subject of Buzze’s complaint

Personally I find it hard to believe that the Malay groups bear a grudge against studious seven to twelve-year-old pupils enrolled in SRJK (C)s or against their hardworking teachers and school administrators.

In other words, the Malay nationalists are not opposing school kids. They’re really opposing the attitude of the tight-knit Chinese collective — the highly politicised adults.

Or to borrow a DAP phrase, it’s a “whole of society” thing where gambling, drinking, cat-hating, sekolah Cina-loving and other social flashpoints are the symptoms of attitude.

I think the anti-Chinese school people just don’t like Dapsters — this is my opinion. You can agree or disagree.

What is there to dislike about Dapsters? In the context of their defence of vernacular schools, they make the fake claims that Sekolah Cina is no less Malaysian First, and that Chinese from these schools can all speak flawless BM.

The crux of the matter is this: Does a minority ethnic get to define what constitutes ‘Malaysian First’? This bone of contention returns us to reference the relevant Articles of the Federal Constitution.

Whichever way the Haniff Khatri lawsuit eventually settles – i.e. we’re waiting for the court to interpret whether sekolah Cina has a constitutional right to exist and operate – ultimately, the continuance or abolishment of vernacular school depends on the strength of Malay vs Chinese political will.

BN politics: Wee Ka Siong successfully resolved the Timah whisky controversy. MCA’s Malay coalition partner, Umno, is in power.

Harapan politics: How good are Guan Eng and his DAP lieutenants in managing conflict? DAP’s Malay coalition partner, Amanah, is an Islamist party while multiracial PKR is rejected by Malay voters (zero seats in Malacca DUN).


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3 thoughts on “Drinking, gambling and sekolah Cina are not constitutional rights

  1. Was’nt this fellow represented TDM two years ago and was alleged to have been fined RM 30,000 for contempt by a judge in another matter. It was alleged he had no money to pay on the spot and sought relief to pay later ?

  2. Businesses are driven by needs. Let’s say would anyone open a pork stall inside a kampung? Or sell speciality dog food? Open wine shop?

    No business owner will want to burn money like that. There is no need to issue decree or law prohibiting certain lawful merchandise to be banned, a reasonable measure would be merchandise not deemed illegal (eg drugs, guns, etc) should revert to the natural order of market needs and demand.

    The question is, why need to put in law to ban 4d shops when those tauke will simply take their business elsewhere when there is no buyers? Same with the sale of alcohol. Kindly note there are already laws in place to deal with selling alcohol or gambling bets to Muslims.

    There is no basis to deny the wants of minority, especially it is not at the expense of the majority. If government is elected by the voices of the populous majority, then policies denying the wants of minority are an indication the existence of killjoys that make up a big section of society.

    Looking back to the early P Ramlee days of Malaysians of all races dancing in clubs, ladies in dresses and playing mahjong, it is easy to see which side changed. Not saying it is good or bad, point is, the nons had always retained their way of living since independence.

    Now it seems, the nons need permission to cling to the status quo.

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