- 6 weeks ago
After more than five decades, the government plans to repeal AUKU. In this episode, we explore what this could mean for students, what should replace the law and whether its repeal will genuinely bring greater freedom and autonomy to Malaysia’s public universities.
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00:06Good evening, I'm Amirul Ayman and you're watching It's About Youth.
00:11Universities are supposed to be a place where young people go to learn, question ideas, challenge authority and participate in
00:20public life.
00:20But for more than five decades, the Universities and University Colleges Act 1971, known as AUKU, has shaped not only
00:30how Malaysia's public universities are governed but also how much freedom students have to organize, speak out and participate in
00:40politics.
00:40Now, the government says that it will repeal the Act completely, but AUKU also provides the legal framework for running
00:49public universities.
00:50So if it is removed, how should we replace it and will repealing one law generally free our campuses or
00:59does the deeper culture also need to change?
01:02So joining me today to unpack this discussion is Shangri, Treasurer of Malaysia Future Leaders School Negeri Sembilan and also
01:10Brandon Gunn, Chairperson of Himpunan Advokasi Rakyat Malaysia, better known as HARAM.
01:15Thank you for joining us today.
01:19Okay, Brandon, let's begin with the basics.
01:22For someone who has never heard of AUKU, what exactly is it and why has it become such a major
01:28issue for student movement?
01:30Alright, so for someone who has no context about AUKU, we need to look back into the historical expect of
01:37the establishment of AUKU back in 1971.
01:39In the context where we can see back in 1971, there's a rise of student activism and students' participation in
01:45democratic processes,
01:46be it whether it's street demonstrations, elections, campaigns, etc.
01:51And back then, AUKU was enacted as a centralized or primary statute which provides a source of power to govern
02:02all of the 20 public universities that we had in Malaysia.
02:06However, the statute became a controversial topic among the society because of the substance of the statute itself.
02:15There are several sections that prohibit students from participating in activism or merely practicing their democratic rights.
02:23And I think one of the cases that we can cite such as the UKM 4 case back in 2010
02:31in UKM,
02:32and another one, Ashik Ali, an alumni from the law faculty of UKM back in 2018,
02:38we can see how students are being taken disciplinary action of being suspended from universities,
02:45getting cancelled on their scholarship, etc., just merely for practicing their democratic rights.
02:51So I think, yeah, these are some of the controversial topics that we mostly talk about when it comes to
02:58repealing AUKU.
03:00And I think, aside from that, we do have controversial topics pertaining to governance,
03:05corruption in within, and how AUKU systematically codifies such corruption.
03:11I'll get back to you, Auntie, when you say AUKU actually codifies this as corruption and also mismanagement there.
03:17But before that, Shankarie, before the latest announcement, how much did you and the young people around you actually know
03:23about AUKU?
03:24I think, to be honest, most of us do know about AUKU or the issues that are arising
03:29and that many student activists are fighting to abolish AUKU.
03:33However, what we don't know or most people don't get to know is how the AUKU actually works and how
03:40it actually harms the students.
03:41And I was actually discussing with some of my interns back.
03:47And when we discussed and were exchanging opinions, they could point out the fact that the AUKU can restrict students
03:55in terms of activism and political participation or freedom of association and freedom of speech, basically.
04:01However, they don't really identify that on issues of like appointment of vice chancellors or the board of directors,
04:10as well as the lack of a check and balance.
04:13So I think that only students who are active in student activism eventually understand more of how the AUKU actually
04:22harms
04:23because most of us tend to, you know, like turn a blind eye on it because we feel that it's
04:27not really affecting us
04:28because we have also felt very normal or being used to all of the bureaucracy that's going on when it
04:36comes to,
04:37you know, organizing events, etc.
04:40So I think in overall, we don't know about AUKU, but most of the youths, we don't know it deep
04:45enough for us to,
04:47you know, push the movement of abolishment of AUKU.
04:50And Shangri, the government has now announced that AUKU will be repealed,
04:55but an announcement is not the same as the law having been repealed, right?
05:00So do you see the government's announcement as a genuine turning point,
05:05or are you waiting to see the actual repeal bill before celebrating, yeah?
05:11For me, yeah, I actually do not think that it's a genuine turning point yet,
05:15and I actually am waiting for the repeal to happen.
05:18So if we can see, like in 2018, it was one of PH election manifestos that they're going to replace
05:24the AUKU,
05:25or abolish the AUKU, but then in 2020, I think that was the collapse of the government,
05:30so they couldn't really materialize it.
05:32And then when we went to like 2023, they also promised that they're going to give a full repeal,
05:37but then they ended up coming up with the 2024 amendment.
05:42And right now, in 2026, they have given us the same promise.
05:46So it is not something that I would, you know, think that it's a genuine victory or something that is
05:56completed already.
05:57But at the same time, what is different now is that it is the Prime Minister that is saying that
06:02we will be abolishing the AUKU.
06:03So it means that there is more possibility or more hope for the repeal of it.
06:10It's just that there are just two concerns for me, which is we only have about one and a half
06:14year before the 2028 general elections, right?
06:17And in that one year, we currently still don't have any repeal bill that is passed and gets accepted.
06:24And also, the one Higher Education Act is also not done because that's the one that's going to, you know,
06:31talk about the university administration parts, right?
06:34And secondly, in that act itself, which governs the university administrations,
06:40we still don't know how that is going to play out and what is going to be included in that.
06:43So I think until that's done, we still have to wait until that's done in order to actually feel that
06:51we have accomplished something.
06:54And also, AUKU has already been amended several times.
06:58Students can now participate in political activities while student organization have been given greater freedom to manage their finances.
07:06Brandon, what specific powers or provisions that remain serious enough to justify repealing the entire act?
07:14Right. Thank you very much, Amirul.
07:16So I think if we look into AUKU itself, we need to look at the substance of it.
07:20I think one of the practical or common mistakes among students, student activists, student movement,
07:26they tend to view AUKU from a very surface level.
07:28They don't see how AUKU potentially grants an excessive discretion power to the administrations, especially in terms of procurement.
07:37I think most of the students, they would think that AUKU is a statute that merely oppresses them in terms
07:43of their freedom to participate in democratic processes,
07:46academic freedom, autonomy, etc.
07:49But for me, I view AUKU from a very different lens after having worked with anti-corruption organizations like the
07:56Transparent International, UNODC, C4 Center, etc.
08:01I think if we were to talk about systemic corruption in AUKU, we have to look in the substance of
08:07Section 4, Section 4A, Section 114, and Section 24C.
08:13I would like to begin with Section 4A. Section 4A entails the appointment of our Vice Chancellor in all public
08:23universities.
08:24And yes, in the substance of Section 4A, there is an advisory board, a board that is responsible to advise
08:30the Minister in terms of the appointment of the Vice Chancellor.
08:33But how far can we ensure that these appointments are made with integrity, with no political affiliations or interests involved?
08:41Issues as such are not being disclosed or scrutinised by the public.
08:45And if we look into the procurement system of all public universities, we have this Jawatan Kuasa Peralihan Tender,
08:52a body that approves tenders in all public universities, is chaired by the Vice Chancellor, the very same person who
08:58is appointed by the Minister today.
09:00And if we look into the Auditor General Report in 2025 and 2026, of course, particularly in UKM, in the
09:10first Auditor General Report, there is a breakdown of
09:1258.45 million ringgit worth of procurement projects in UKM, particularly in HCTM.
09:19And in the second report, it showcased that there is a breakdown of almost 32 million ringgit worth of student
09:27funds from SPAN and DPLI programmes.
09:29And we should question, how does this begin in the first place? What empowered this to happen?
09:36And when we talk from the legal lens, we need to question the authorities or the source of power, which
09:41is AUKU itself, Section 4A, the appointment of the Vice Chancellor.
09:45And in terms of the procurement system as well, we don't see how AUKU completes these procurement processes with a
09:52check and balance system.
09:53There are no independent expert monitors besides from KPT and MOF, which if we look into the Auditor General Report
09:59in 2025,
10:01the representative from MOF and KPT were not present in the approval of the 58.45 million projects in UKM.
10:09And if we look into Section 4, pertaining to the investigative board, Badan Penyiasat, it is also appointed by the
10:18Ministry of Higher Education.
10:20They are responsible to the Minister. They report to the Minister.
10:24And the main question that we should ponder upon, is there any independent interference or intervention?
10:29Are there any independent expert advice or opinion?
10:32At the end of the day, we can see that the Minister or the KPT is the only entity who
10:37is responsible to take action against those who breach the trust or abuse their power.
10:42And in Section 11.4, we can see that Section 11.4 mandates the Minister to menyebabkanlah satu pemberentangan dalam
10:50Parlimen,
10:50pertaining to the Auditor Report, laporan kewangan of the university.
10:54The main question that we should ponder, why issue as the LKN, the Auditor General Report, the procurement breakdown in
11:01UKM,
11:01are not being presented ahead of time?
11:05It should be presented to the public way before the Auditor General went into UKM to investigate the procurement scandals.
11:09And I think last but not least, Section 24C is a very express and obvious provision that codifies corruption systematically.
11:2024C entails the good faith shield, dalihan suci hati.
11:25And some of the jawatan kuasa or positions that are expressly being safeguarded by these particular sections is the Vice
11:34Chancellor, the Deputy Vice Chancellor, lecturers, etc.
11:36But this particular provision, it does not expressly define or interpret what falls under the category of good faith.
11:44So let's say, for instance, the very same person who approves the problematic procurement,
11:51let's say if the procurement fails at the technical level, the financial level,
11:55will they be granted the good faith shield just because they do something for the best interest of the universities?
12:00So I believe these are the four main problematic provisions in AUKU in terms of governance that must be scrutinized
12:08and it must not be replicated in the new One Higher Education Act.
12:12Well, Shankari, Brandon pointed out, highlighted a few sections that touches on the governance of the universities and all that.
12:20But, Shankari, what practical differences should the repeal of the AUKU itself make to the daily life of an ordinary
12:30student?
12:32I think in terms of talking about ordinary students, maybe they are not that active in student activism.
12:38Then I think that they will have, firstly, a true freedom to actually speak and think.
12:45Because now many students, they cannot bring certain speakers to join their talks.
12:50Or they also fear of being punished or expelled and that's why they don't really organize much like peaceful assemblies,
12:57etc.
12:57So, right now, it's not just that students who are active in organizing programs, they get more autonomy to talk
13:06about or discuss what they want to discuss
13:08and also invite certain speakers, etc.
13:11And this can also bring up a culture where students feel more free or able to speak freely about their
13:23political opinions
13:25and about the current issues with their friends.
13:27Because I think somehow the AUKU made students fear so much of speaking up that they don't even have this
13:36as a common topic of discussion
13:37among their friends or their social circles.
13:39And I think, secondly, they also have actually real independence when it comes to running their own activities.
13:45When they're organizing any events or managing the club's money, they don't have to undergo all of the university's bureaucracy
13:52that is established, right?
13:54And I think students can also start managing their own budgets better and make their own decisions better.
14:00And eventually, it gives them more autonomy to organize the clubs more independently.
14:05Yeah, so I think actually the repeal of AUKU does not only affect students, student activists, but it can also
14:13affect any students in their daily life practically as well.
14:17And also the critics or some experts have said that, you know, even if AUKU disappears, the new laws will
14:23need to take place.
14:24So, Shangri, even if AUKU disappears, and also the university administrators' internal regulations and the existing campus culture may also
14:33remain, right?
14:35So, can changing the law alone change how freely students feel they can speak?
14:40I think, in my opinion, changing the law can actually change how freely the students can feel when they speak.
14:48But this comes with changing the law on university administration as well.
14:53Because we know that currently, there will be no laws on restricting student movements or students' freedom of speech.
15:03However, there will be a law that will be guiding or governing on universities' administrations and governance.
15:09So, if that law comes in, is applied properly or correctly, then I do feel that it can actually change
15:18the way the students can feel when they speak.
15:20And this looks like, firstly, it actually breaks this culture of fear, as I've mentioned earlier, where the AUKU can
15:29be like a, can be kind of like a legal weapon, you know, used by the university.
15:34Because they could, they could, they could decide on what is considered as harmful, they could decide that what is
15:41not in the best interest of the university.
15:43And if an organization or a movement is not in the best interest, then they have the right to take
15:48the actions.
15:49So, I think that if the law, firstly, number one, that the law on restricting movement and speech is no
15:57more.
15:58And secondly, if the university administration's appointment system also works better, then I do think that we can actually overcome
16:05this fear, even if not immediately.
16:07I think over time, students will get more used to, you know, speaking up more as well.
16:12And Brandon, what would stop universities from recreating the same restrictions through their internal rules?
16:19I think if we talk about the replications of internal regulation that might reflect the very essence of AUKU itself,
16:27I think we need to look into the substance of the new statute that is about to replace AUKU, or
16:33the One Higher Educational Act.
16:34I believe the very essence of the One Higher Educational Act itself must reflect the primary objective of repealing AUKU.
16:44It must not be a mere rebranding of AUKU, and it must not replicate regressive provisions that are entailed in
16:51AUKU.
16:51And secondly, I believe that the abolishment of AUKU must be followed with a proper advocacy and awareness to the
17:02students, especially those in public universities.
17:04Lecturers and the universities must ensure that students are informed of their rights, what can be done and what not.
17:11And I believe all of this must be aligned with the very fundamental rights that were provided with in the
17:18Constitutions,
17:20Article 10, and what sort of restrictions that should be considered as extreme or jeopardize the university's importance or interest.
17:30And I believe the One Higher Educational Act should standardize all of the internal regulations in all public universities in
17:40Malaysia.
17:40It must not be segregated or in a sense that we have fragmented regulations in all public universities.
17:46Because again, like what Shangari said, every university has their own interests.
17:51A university can, you know, a university may interpret certain scenario or cases differently from other universities.
17:58So we must ensure that the One Higher Educational Act standardize the interpretations, the provisions,
18:05and what sort of power that could be, you know, given to the public universities we have.
18:12And also, AUKU is not only a disciplinary law.
18:16It also provides part of the legal machinery through which public universities operate.
18:21Brandon, what should replace those governance provisions?
18:25Should Malaysia introduce One Higher Education Act or should perhaps each public university receive greater autonomy in this case?
18:33I believe the repeal of AUKU must be replaced with a progressive One Higher Educational Act.
18:40Again, like I've mentioned before, with the absence of a Mother Act, the subsidiary law that was granted previously under
18:47AUKU,
18:48there will be a vacuum scenario where there is a loss of source of power.
18:52So what source of reference can be given to the administration of these public universities?
18:56Which, again, back to the One Higher Educational Act.
18:59And in terms of the governance aspect, I believe, yes, we have to admit that there are certain provisions in
19:06AUKU that are progressive.
19:08But at the same time, there are certain provisions that are regressive as well, that is empowering and allowing corruption
19:13to happen in the first place.
19:15So my personal suggestion is that the enactment of the One Higher Educational Act must include the voices of the
19:22civil society organizations,
19:24academicians, student union, academic union, etc.
19:27And all of this must include a very strong and expressed check and balances system in the One Higher Educational
19:33Act.
19:34Some of which we can see, a tripartite agreement which was introduced or suggested by anti-corruption organizations like the
19:43Transparent International Malaysia,
19:45United Nations Office of Drug and Crime, C4 Center, etc.
19:48Because if we look into the current status quo of AUKU, most of the procurements or projects are being entered
19:54with a two-way system.
19:57We need a three-way system, a tripartite system with an independent expert monitor or an independent auditor to be
20:03the watchdog.
20:04And of course, when we talk about governance as well, I hope and I wish that the One Higher Educational
20:11Act
20:11take into consideration of the student voices, especially the student union.
20:15Student union must be granted quotas or chairs in the Board of Directors of the universities.
20:20When we talk about the Board of Directors, they are the one who is going to decide on the future
20:26of the universities.
20:27Hallor to the university, Masa Depankan Anak Muda, Emberley and Mahasiswa, etc.
20:32So when we talk about the interest of the stakeholders and students, of course, you must take into consideration of
20:36their voices.
20:37So again, the One Higher Educational Act must first, in terms of governance, include the voices of the stakeholders, ensure
20:45that there is proper representation and independent expert monitors.
20:48Shagri, do you agree with that as well? Or if so, what protections would you want to see included in
20:54the new legal framework that replaces AUKU?
20:57I think in the new legal framework, I mainly want to see the structural change. As Bernard mentioned earlier on
21:04Section 4A, right?
21:05I think that's the biggest issue, in fact, on who appoints the vice chancellors, the Board of Directors, etc.
21:11So currently, AUKU looks this way. It's like you're in a house and you can speak, you can form a
21:18club, you can protest, etc.
21:20But the question is who actually owns the house or makes the rules, right?
21:24So the university's governance actually can have more authority over the university's premises and also they can decide whether your
21:37organisation can go on or is registered, etc.
21:40And as well as they can also investigate into disciplinary allegations as well that is considered as harmful to the
21:47university.
21:48So in that case, right, let's say you organise a protest and then something happens and the university says that
21:54you have violated the rules in our university.
21:58Then the problem is that who decides whether you've violated it or not?
22:03Or is that body that decides it's actually independent and can you actually challenge that decision?
22:07So I think that's the biggest issue. So I feel that under Section 4A of the AUKU, you know, the
22:13Minister of Higher Education has the power to appoint the VC, etc.
22:17I want to say most importantly that the appointment is done by an independent body.
22:22Maybe the minister or the Ministry of Higher Education can, you know, oversee the entire appointment process.
22:28But I don't think that they have to involve in it because it really affects or it could bring a
22:33possible risk of it being like politically aligned as well.
22:38So we want to ensure that it doesn't. I want to, I think that's the best way to do it,
22:42to have an independent body to do the appointments.
22:45Okay. Brandon, coming back to you, you have previously linked AUKU's centralised system to weaknesses in university procurement and accountability.
22:54But repealing AUKU will not automatically eliminate corruption or financial mismanagement.
23:01What new checks and balances should be introduced to make public universities more transparent?
23:07Alright, so when we talk about checks and balances in public universities, of course we need to look into the
23:14directors of the universities,
23:16those especially involved in the board of procurement, the board of directors of the universities, etc.
23:24We need to question, are they required to declare their assets, their assets, interest and income?
23:33And I believe in absence of the political financing act, the systemic corruption that are being empowered in AUKU,
23:41especially through the appointment of the Vice Chancellor, like what Shankari mentioned,
23:45we might not know whether it is politically appointed or are there any some sort of malafide or bad interest
23:52behind the appointment.
23:54So in absence of the need or requirement for these individuals like the Vice Chancellor to declare their assets or
24:01interest or income,
24:02it opens ways to systemic corruption.
24:06So when we talk about how do we tackle corruption post repealing of AUKU,
24:11first, like I've mentioned again, we need independent expert monitors,
24:15a tripartate agreement within the university itself between the board of procurement,
24:21the pretenders or contractors and of course the civil society movement.
24:24When we talk about civil society movement, of course anti-corruption organization and independent auditors.
24:32And secondly, I sincerely hope that in the One Higher Educational Act,
24:37the members of the procurement board, the Vice Chancellor, etc. should be made mandated to declare their assets, interest and
24:47income.
24:48And we need a live dashboard for the stakeholders like students, the public to be the active watch eyes and
24:56scrutinize if there's any illicit enrichment.
24:59In the case that if there's any illicit enrichment in their financial trial,
25:03it opens pathway for students and people to hold them accountable for.
25:07And apart from that, if we look into the very essence of AUKU today, it doesn't mandate or require these
25:17people to declare their interests.
25:18And we never know where are these procurement going to, who are getting the projects.
25:22And at the end of the day, we need to understand,
25:25public universities are public institutions funded by the taxpayer money and of course run and organized by students' tuition fees.
25:35So, yeah, these are the two main things that I would like to see in AUKU.
25:39And if I may, I would like to go back a little bit on what Shangri mentioned earlier,
25:44pertaining to disciplinary action as well.
25:46I sincerely hope that in the One Higher Educational Act,
25:50an independent tribunal can be enacted or established for the student to appeal.
25:54Because at the end of the day, if students like ourselves were to run check and balances in universities,
25:58to challenge the authority and question them in terms of integrity,
26:02there's a very high chance that people like us will be taken disciplinary action of being suspended, etc.
26:07And the current status quo in AUKU, the only appellate or appeal board is via the Higher Education Ministry.
26:15And we never know again, like what Shangri said, there could be political interests.
26:19There's no other avenue for students to challenge the decision made by the minister.
26:23So, yeah, independent expert monitors, declaration of interest, asset and income,
26:28and finally, an independent tribunal for students to challenge or, you know,
26:33be an active check and balance to whistleblow if there's any case of corruption.
26:37Rightly, so you mentioned that about procurements and projects, but these are the things that might be, you know,
26:41for regular students, ordinary students, they feel like it's a bit far from them.
26:44But, Shangri, should students be given the chance or access to information about maybe some things that is closer to
26:53them,
26:53which is maybe their fees, their student fees, and how these fees or university funds are being used, are being
27:00spent?
27:00Yeah.
27:01I think it's really important that they do have the transparency to, you know, get to know their fees and
27:06how it's being used.
27:07It's like when, it's like when taxpayers pay money to the government, then they do expect to know how the
27:15government, you know, handles the budget, etc.
27:16So, I also think that it is actually a basic matter of accountability to have, to inform the students and
27:25to let them know how this, how their money,
27:29how their, you know, funds are being used and how they're allocated to the student activities as well.
27:35This transparency can also, you know, build the trust between the students instead of, you know, creating tension.
27:41Because when the university clearly mentions how they're using the funds, then it's less likely for any rumours to spread.
27:48And the students can have more trust.
27:51And I think it also reduces any sort of conflict between the student unions and the administration itself.
27:56And I think it also forms a real-world education because now we're telling student leaders that you need to
28:04be accountable to those whom you are representing.
28:09And you need to be transparent and be able to show to them how you're using the funds or fees
28:15and how you're managing your responsibilities.
28:17So, I think it's very necessary for students to actually know how, to have information of how their fees and
28:24funds are being used by the university.
28:26Right. Thank you, Shangari. That was Shangari from Malaysia Future Leaders School Negeri Milan.
28:32And also, Brendan Gunn from Haram. And thank you so much for joining us today.
28:36I'm so sorry that's all the time that we have for today's episode.
28:39But perhaps the biggest takeaway from today's conversation is that repealing AUKU will not be the end of the university
28:46reform.
28:47It is the only beginning and also the real test will not be the announcement.
28:51It is what the reforms would follow.
28:53And thank you again for everyone for joining us today.
28:55And that's all for tonight's episode of It's About Youth.
28:58I'm Raymond. Thank you for watching. Good night.