Single higher education law in the pipeline

The Malaysian government is planning a significant overhaul of the tertiary education system by proposing a single higher education law, according to Higher Education Minister Datuk Seri Dr Zambry Abdul Kadir. This proposed One Higher Education Act (OHEA) aims to consolidate existing legislation governing diverse institutions under a comprehensive legal framework.

Zambry explained that the OHEA would take into account the evolving roles of higher learning institutions and their place within the broader educational ecosystem.

The proposed OHEA is part of the Malaysia Higher Education Plan 2026-2035. Zambry highlighted that polytechnics have undergone changes in their roles and the legislation would address the position of pre-university education, including matriculation programmes, within the higher education framework. When the new law is presented, it will be comprehensive and capable of meeting the needs of higher education for the next decade, two decades, or even thirty years.

Responding to a question from Sivakumar Varatharaju Naidu (PH-Batu Gajah), Zambry stated that the government was examining how to bring together other higher education laws, beyond the Universities and University Colleges Act (1971) (AUKU), under a coordinated framework. He emphasized that the government was studying various aspects of separate laws to determine how they could be integrated without disrupting university governance.

Zambry pointed out that while AUKU consists of 44 sections, only 32 addressed governance, covering ministerial responsibilities, university establishment, and institutional constitutions. Only seven sections pertained to students, associations, and disciplinary matters. To repeal AUKU would necessitate a carefully planned transition rather than a simple abolition of the law.

Furthermore, Zambry revealed that past disciplinary actions against university students would be dropped once existing laws are amended and a new higher education act is drafted. However, serious offenses involving students would still be subject to national laws. The intention behind this action is to remove restrictions on student freedom while harmonizing conflicting university regulations.