Guardians of integrity: Whistle-blowers in education

The case of Rusiah Sabdarin & Ors v Mohd Jainal Jamran & Ors is indeed a landmark in Malaysian law, particularly in upholding the constitutional right to education and public sector accountability.

SMK Taun Gusi students Rusiah Sabdarin, Calvina binti Angayung and Nur Natasha Allisya binti Hamali sued their English teacher and principal in Kota Belud, Sabah, as well as the education authorities. They alleged that the teacher, Mohd Jainal Jamran, was absent from classes for about seven months in 2017, causing them to perform poorly in English in their Sijil Pelajaran Malaysia examination.

In a High Court ruling on July 18, 2023, Justice Leonard David Shim found that the teacher and principal had breached their statutory duties under the Education Act 1966 and the Public Officers (Conduct & Discipline) regulations by failing to teach and supervise the students. The state and ministry were vicariously liable in view of their responsibility to maintain oversight of schools. The defendants violated the plaintiffs’ constitutional right to education under Articles 5 and 12 of the Federal Constitution. The damages awarded to each student was RM50,000 (RM30,000 nominal and RM20,000 aggravated). None of the defendants appealed within the required timeframe, effectively affirming the verdict.

Two years on, the defendants have not paid the damages in spite of numerous reminders from the plaintiffs’ lawyers.

Such a case matters because there is finally accountability in education. It sets a strong precedent where neglecting teaching duties, especially in core subjects such as English, can land educators and administrators in court, and even result in ministerial-level accountability. The empowerment of these former students has demonstrated that activism and legal action can yield justice, albeit after six years of persistence. There are broader implications in that the judgment may deter similar misconduct and encourage better classroom oversight, highlighting the potential for civil liability against public servants who flout their statutory duties. The case is viewed as “unprecedented in Malaysian education history”. The ruling can be expected to have an impact unless the education authorities fail to see its implications.

There is public concern that the teacher, despite the verdict, has not only retained his position but remains in the same school, prompting calls for stricter disciplinary action and accountability from the school authorities.

This case is a powerful statement that the constitutional right to education is enforceable through civil remedies. It challenges a deeply embedded norm of impunity within public schooling institutions and underscores the principle that duty-bearers in education are answerable, not just morally but legally to their charges. Students can hold the authorities to account, even years later, and legal recognition of educational neglect goes beyond professional misconduct. It is a breach of fundamental rights.

The real impact now depends on whether this becomes the new standard across Malaysian schools — or remains a high-profile anomaly.

There are deeper implications and policy impacts such as institutional reactions calling for systemic change. Thus far, no major formal reforms have been announced post-judgment. Increased scrutiny by the public and media pressure have built urgency around monitoring teacher presence and performance. In view of the gravity of death threats against witnesses, whistle-blower safeguards must be formalised. Experts fear, however, that official inaction — retaining the teacher without suspension or dismissal — could hamper the setting of a proper precedent. Online sentiment shows a growing impatience with a system seen as slow to enforce consequences even when a verdict clearly supports the students’ case.

It is important to note that the 2023 Ministry of Education Whistleblower Protection Policy was publicised around the time of this case. However, this policy paradoxically denies protection to teachers involved in ongoing disciplinary, civil or criminal cases, or those with completed cases.

Clause 6.3.8 states that protection shall be denied for matters pending resolution or determination by any tribunal or authority or court, arbitrator or other similar proceedings, including by the Education Service Commission and the Public Service Commission.

It is also noteworthy that the 2022 Ministry of Education National Professional Qualification for Educational Leaders (NPQEL) report on disciplinary management in school highlights that the Sabah State Education Department received one of the highest numbers of disciplinary cases from 2017 to 2020. These were recorded as Absent From Duty (Tidak Hadir Bertugas/THB) and a third to half of actions taken was either no action, a warning or a small reduction in salary.

This case is not just symbolic — it is forcing institutions to confront their accountability failures. The key takeaways are that there are now legal leverage, where students have a pathway to enforce the right to receive quality teaching; structural momentum, where pressure is building for systematic attendance tracking; protection for whistle-blowers; and a cultural shift, where issues that were once shrouded in silence, such as prolonged teacher absenteeism, are now publicly scrutinised and no longer easily dismissed.

Having said that, the long-term impact hinges on concrete policy adoption. The High Court’s judgment has laid the groundwork but true reform requires consistent enforcement, empowered oversight bodies, and institutional willingness to impose discipline. Even with the right policy, change will not come if there is a lackadaisical attitude, weak enforcement, and no urgency in upholding integrity.

Rusiah Sabdarin & Ors v Mohd Jainal Jamran & Ors is not just a personal victory. It is a milestone for educational rights, a warning to state-backed institutions, and a road map for students advocating for justice. It is a clear signal that those responsible for educational neglect can be punished.

The Edge