Higher Education Ministry to set up independent panel to draft One Higher Education Act, addressing governance, autonomy and academic freedom.
KUALA LUMPUR: The Higher Education Ministry (MOHE) will establish an independent committee and formulate a transitional legal mechanism as part of efforts to repeal the Universities and University Colleges Act 1971 (AUKU) and replace it with a new higher education law.
Higher Education Minister Datuk Seri Dr Zambry Abdul Kadir said a separate group would also be established to develop the proposed One Higher Education Act, with stakeholders across the higher education sector to be involved in the process.
He said the transitional mechanism was necessary to ensure universities could continue operating under a valid legal framework while the new legislation was being developed.
“There must be a transitional mechanism. We do not want to announce the repeal today, only to be faced with the question of how universities will function when there is no Act governing the legal aspects.
“So, we need to find an interim legal mechanism while we work towards the new framework.
“It will take a little time, so I hope everyone can be patient. We want to create a new Act and we cannot leave anyone out. All parties will be involved,” he said.
Zambry said this after launching the Graduate Employability Strategic Plan 2026-2030 here today.
He said preliminary work on the One Higher Education Act had already begun at ministry and policy levels, but the independent committee would conduct a broader review before the legislation was finalised.
Zambry said AUKU could not be viewed solely through provisions concerning students, as it also provided the legal foundation for the establishment and governance of universities, academic matters and the position of academic staff.
He said only seven of its 44 sections directly concerned students, while the remaining provisions dealt with other aspects of university administration.
Zambry said the proposed overhaul would also have to address academic freedom, including existing restrictions affecting academics under the Statutory Bodies (Discipline and Surcharge) Act 2000 (Act 605).
He said the exercise would examine the alignment of other laws governing higher education, including Act 605 and the Private Higher Educational Institutions Act 1996 (Act 555), as the existing legislation was not fully harmonised.
“We have to look at the academic context as well. Do not forget that academics and lecturers are also the foundation of universities, and they need the freedom to express their views.
“When we change this, it cannot simply be a change of name while the old matters remain. We have to look at it in the context of the present and the future,” he said.
The government’s move follows Prime Minister Datuk Seri Anwar Ibrahim’s announcement on Aug 16 that AUKU would be fully repealed, with no replacement legislation restricting or suppressing student activities.
Anwar said students should instead remain subject to laws generally applicable to all citizens.
Following yesterday’s Cabinet meeting, government spokesman Datuk Seri Fahmi Fadzil said any replacement legislation would focus on the administration and management of universities and university colleges, with student matters excluded from the new framework.
MOHE had earlier said the proposed One Higher Education Act was outlined under the Malaysia Higher Education Plan 2026-2035, with the broader reform intended to address institutional autonomy, academic freedom, governance and accountability across the higher education system.
