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Ex-student’s suit against English teacher, 7 others adjourned
Published on: Tuesday, August 29, 2023
By: Cynthia D Baga
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Ex-student’s suit against English teacher, 7 others adjourned
The plaintiff is seeking among others, a declaration that the eight defendants are in breach of their statutory duty under the Education Act by failing to ensure that she was taught the English language from February 2015 to Oct 2015 and prepare her for examinations as prescribed under the Education Act.
Kota Kinabalu: The trial of the civil suit filed by a former student of SMK Taun Gusi against an English teacher for allegedly refusing to teach the subject eight years ago and seven others was adjourned.

High Court Judge Datuk Ismail Brahim had postponed the hearing after being informed that Senior Federal Counsel (SFC) Mohd Hafizi Abd Halim would be transferred to Putrajaya headquarters and the new SFC will report for duty next week.

The court set Sept 14 for mention to fix the trial dates.

The civil suit was filed by Siti Nafirah Siman, 23, against the English teacher Mohd Jainal Jamrin, SMK Taun Gusi Principal Suid Hj Hanapi, SMK Taun Gusi, Kota Belud District Education Officer, Sabah Education Director, Director General of Education, Minister of Education and Government of Malaysia, as the first, second, fourth, fifth, seventh and eight defendant.

The plaintiff is seeking among others, a declaration that the eight defendants are in breach of their statutory duty under the Education Act by failing to ensure that she was taught the English language from February 2015 to Oct 2015 and prepare her for examinations as prescribed under the Education Act.

She is also seeking a declaration that the defendants are in breach of their duty under Regulation 3C, 25, 26 Public Officers (Conduct and Discipline) Regulations 1913; a declaration that the act complained off by the first, second, fourth, fifth, seventh and eight defendants amounted to misfeasance in public office.

She is also seeking a declaration that the defendants have violated her constitutional right to access to education guaranteed to her under Article 5 read together with Article 12 of the Federal Constitution, damages, costs and any further and other relief which the court may deem fit to grant.

The plaintiff had so far called eight witnesses in the hearing and another six to seven more witnesses would be called.

Counsel counsel Shireen Sikayun  defended Siti Nafirah while Mohd Hafizi and Federal Counsel Mohd Fazriel Fardiansyah Abdul Kadir  acted for the defendants.

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