When the Minister of Education under the unity government, Fadhlina Sidek, took office late last year, she appeared fully apprised of the many problems that plague our education system and promised to take a holistic approach in running her ministry through consultation and deliberation with strategic partners and all stakeholders. In a media release that outlined her actions, she said she would revive the National Education Advisory Council (NEAC) as part of her consultative approach.

Keeping to her word, the Minister, last week, revived the NEAC, but the appointments made to the Council do not appear to be fully representative of the large and highly divided education sector. Of the two ministries covering the education sector in this country, Fadhlina Sidek’s Ministry of Education (MOE) has the larger remit over education. The Ministry is responsible for all levels of education other than higher education. The Minister is in effect responsible for the education of more than 2 million pupils enrolled in more than 10,000 schools across the country with a teacher population of over 300, 000 teachers.

Education at the primary, secondary, and vocational levels is a highly contested area not only because of the complexities of education and the educational system but, also because of the persistent interference by politicians stirring controversies. And there are enough issues in vernacular education, vocational schools, private schools, and international schools for them to have a field day. The Ministry of Higher Education (MOHE) on the other hand deals only with matters pertaining to higher education and institutions at that level.

Given the Ministry of Education’s large remit, an advisory council that is representative of the different divisions and stakeholders can play an alleviating role in the development of policies and administration of the sector. More importantly, a strongly constituted advisory council would also form a buffer against the rampant politicization of education. Politicians’ interests in public matters like education are temporal. They have no long-term interest in education and make policies and laws that are politically expedient to keep them in office.

The education system and its incumbents, which include the minister, the ministry, and the teachers, all owe a duty imposed by the Education Act to educate the pupils for their lives. Their lives, beginning in classrooms, are longer than the lives of politicians and the other incumbents in the system who are directly responsible for the delivery of education. The pupils must be educated to live in the new worlds that are theirs. Because they will live in a different age from their teachers and the interfering politicians, the duty owed to them is greater.

The National Education Advisory Council (NEAC)

The NEAC is established under the Education Act 1996 (the Act) as an advisory body to the Minister. The statutory standing of the NEAC is nebulous. The Act does not compel the establishment of the council. It merely states that the NEAC ‘may’ be established. In statutory language, the word 'may' does not compel the doing of the act specified. The person given the right to do the act has the discretion whether or not to carry out the act. The term ‘shall’ makes it mandatory for the act to be carried out. The NEAC, therefore, does not have the same legal presence as its counterpart in higher education with which it is often confused. The National Council on Higher Education (Higher Education Council) is established by an act of parliament as a permanent body to advise the Minister. The National Council of Higher Education Act 1996 requires the Minister concerned to implement the policies formulated or determined by the Higher Education Council. The NEAC’s powers are limited to advising the Minister on such matters as are referred to it by the Minister. The functions of the Higher Education Council are stipulated by statute and include the broad power ‘to plan, formulate and determine national policies and strategies for the development of higher education.’ Such is not the case with the NEAC. Nor is the Minister required to implement the advice of the NEAC as is the case with the Higher Education Council.

Another ambiguity in the Act is that whilst it states that the NEAC may be established, it leaves open the question as to who may establish it. However, since the Act empowers the Minister to appoint the Chairman and other members, it may be interpreted that the power to establish the NEAC is also that of the Minister.

The new Minister’s determination to reactivate the NEAC is all the more heartening because of the ambiguities surrounding the NEAC. It is hoped that the Hon Minister will also use her statutory powers to ensure a broad representation of stakeholders in the NEAC and invite the NEAC to deliberate on the important issues concerning education.

Membership of the Council

The membership of NEAC is made up of a chairman, a deputy chairman, and nine other members. The criteria for the appointment of the nine members are, as stipulated in the related regulations, experience, knowledge, and expertise in matters relating to education. None of the criteria stipulated in the Act or the regulations governing the NEAC includes stakeholder representation such as teachers, parents, or the private sector of education. Several officials have a right of attendance at NEAC meetings such as (a) the Secretary General of education (b) the Director General of education (c) the Director General of Higher education; and (d) the Director General of the Department of Polytechnic and Community College.

A Consultative Approach

The new Minister has declared a holistic approach through a process of consultation with all stakeholders in the ‘entire education ecosystem.’ The NEAC is an excellent forum to achieve those commitments, even if some minor changes to the regulations governing membership of the NEAC may be required.

Kinnu Nonem is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!

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