Malaysia Drafts Transitional Law for Universities Post-AUKU Repeal

Malaysia's Ministry of Higher Education is preparing to establish a transitional legal mechanism to ensure the smooth operation of universities following the government's decision to repeal the Universities and University Colleges Act 1971 (AUKU). The move aims to provide a legal framework for higher education institutions while a new, comprehensive law is drafted.

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We don't want to announce the repeal today and then face questions about how universities will function when there is no act governing legal aspects.

Minister of Higher Education Datuk Seri Dr. Zambry Abdul Kadir explained that this interim measure is crucial to prevent operational disruptions. "We don't want to announce the repeal today and then face questions about how universities will function when there is no act governing legal aspects," he stated. The ministry acknowledges that drafting a new law will take time and has appealed for patience from all parties involved, emphasizing a commitment to inclusivity in the process.

The transitional mechanism will address the immediate legal needs of universities, which currently operate under various provisions of AUKU. Zambry noted that AUKU encompasses more than just student affairs; it forms the legal basis for university establishment, governance, academic matters, and the status of academic staff. Out of its 44 sections, only seven directly pertain to students, highlighting the act's broad scope.

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There must be a transitional mechanism. We do not want to announce the repeal today, then face questions about how universities will function when there is no act governing legal aspects.

Furthermore, the ministry is examining other related legislation, such as the Statutory Bodies (Discipline and Charge) Act 2000 and the Private Higher Educational Institutions Act 1996, to ensure a cohesive and updated regulatory environment. A key focus of the restructuring effort will be to enhance academic freedom, addressing existing restrictions that affect academics. The goal is to create a new legal framework that not only modernizes university governance but also empowers academic staff and fosters a more dynamic higher education sector.

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It will take some time, so I hope all parties can be patient. We want to create a new act and we cannot sideline anyone. All parties will be involved.