THE G-E-R-M TO THE RESCUE

[1] G-E-R-M is an acronym for “Growing Education Reform Movement” first conceptualized by the British author Sir Ken Robinson, (1950-2020), that may be the final solution to be rid of Malaysia’s standardized fast-food educational culture twisted, tasteless tweaked, tested, tried, and troubled by a wrong reading of Article 12 (Rights to education) of the Federal Constitution. Rights are not to be taken lightly especially if they are unalienable. Malaysians must come to grips with their constitutionally guaranteed rights.

[2] Stinking thinking by policy makers, shakers and movers has inexorably led to planning and applying educational policies that have inevitably contaminated the rights and privileges of parents and students – the real stakeholders. The philosopher Jiddu Krishnamurti (1895-1986) warned that our plans for action and subsequent action must be “uncontaminated by thought.” Who was, and is, responsible for the mess we are in? The answer is obvious. 50% of the blame is apportioned to the parents.

[3] Parents and students must choose their educational goals and careers in a free society that Malaysia supposedly enjoys. Everyone is enamored about “democratic principles” without fully understanding that the majority will always count, and win, even if they are wrong! “The greatest good for the greatest number,” as espoused by the English philosopher Jeremy Bentham (1748-1832) may have deliberately avoided or ignored the rights of the minority. This hazard is real and measurable especially when Malaysians are engaged with imported British law.

[4] Parents, and students to a larger degree (no pun intended), qualify to pick and choose the curriculum they prefer and want. For example, why bother a future law student with science and mathematics; why trouble a future medical student with history, geography, mathematics and other irrelevant subjects? Preferences for a customized curriculum is one of the fundamental rights enumerated in Article 10 (1) (c) Federal Constitution - freedom to form associations - Federal Constitution. The freedom to choose is implied although expressed with different verbiage.

[5] The G-E-R-M needs to assume epidemic proportions. We don’t need inoculations and vaccinations through ill-planned government educational policies to destroy the G-E-R-M. Parents and students mustdemand to apply their rights to educationas guaranteed by the Federal Constitution. Private educational institutions that are hardly controlled and regulated by government and its agencies must make it affordable to all and sundry. Private education should not be a capitalist venture.

[6] Every discerning student expects a G-E-R-M attack to ensure obtaining a university degree which gives you three to four years of study and to pass written examinations. This glorified system does not train you for a career of your choice. You attend job interviews almost always unprepared for the interviewer’s questions. You seldom realize the job market is looking for potential labor at a controlled price and fixed cost that is translated as a salary with or without perks. If you are worth $2000/ week, they will hire you at $1,200/week. Maximum profit for the employer - always.

[7] It is said that what is earned is / or depends on what is learned. But learning without experience gets one to the starting point. Thereafter, you win if you can apply your academic credentials to your profession, calling, vocation or career. But what if you are forced to adopt the “learning on the job” routine where promotions depend on your capacity and ability to absorb a lot in a short period of time to excel?

[8] Ultimately, it is a contest between knowledge and experience. The present dull and boring educational models do nothing to prepare any school-going student to choose a rewarding career. The schools almost never gauge, assess and determine any student’s passion, skills set, talents and abilities. Go to school, spend a few hours there like it’s a free daycare center, come home, do your homework, and expect weekends and public holidays to unwind and unload. Back to the same old routine and hopefully develop a good memory to help you pass written examinations.

[9] Then there is the age-old “accreditation” trap that students pursuing professional degrees in law, medicine, accountancy, dentistry, architecture, pharmacy, engineering, etc. have to grapple with to join some professional body, society, council, or association after graduating. One agonizing example is the unconstitutional CLP requirement for graduate law students. Article 8(2) Federal Constitution noxiously claims that discrimination is allowedif authorized by this Constitution. This has emboldened the Bar Council to insist on a CLP certification as if this discriminatory practice is authorized by this Constitution. No other known written constitution anywhere in the free world has enumerated discrimination like the way our Federal Constitution does. What was the Reid Commission thinking?

[10} Lawyers must be familiar with the celebrated Dr. Bonham’s Case of 1610. Dr. Bonham was fined and imprisoned for failing to evidence a medical practice certificate (license) although he had graduated as a doctor and had qualified to join a medical company. Lord Justice Edward Coke and two judges freed Dr. Bonham because the charge of practicing medicine without a practice certificate (license) did not constitute malpractice or illicit practice. The three judges declared that the Physicians Act 1523 and the College of Physicians Act 1553 as ultra vires its authority. Common law invalidated legislation.

[11] Can you appear in court without a CLP Certificate to help a litigant? The comforting answer is found in McKenzie v McKenzie [1970] 3 All ER 1034, 1039 h-j. A McKenzie Friend is someone who assists an unrepresented party in court, chiefly by taking notes, organizing papers and giving advice. He has no rights of audience but may speak if invited by the judge. Lord Justice Sachs stated that “It is in the public interest that litigants should be seen to have all available aid in conducting cases in court surroundings, which must of their nature to them seem both difficult and strange.” Here is an opportunity for legal assistance without a lawyer in Malaysia.

[12] Malaysian law graduates who have made several unsuccessful attempts at the “testing-memory” CLP examinations are encouraged to thync different, thync outside the box, and to be practical and do the impossible. What have you got to lose? Listen to your inner consciousness and not to half-baked advice offered by unwelcome opinion spewers. Get out of the uncomfortable zone peopled by naysayers and stand on the shoulders of giants. We will guide you all the way.

[13] The G-E-R-M is alive and well nurtured in an avant garde 5-year-old teaching facility in Ipoh, Perak, registered with the SSM, and partnered with a Law University in Switzerland and the United States of America. It is offering a customized curriculum for future law students, economics students and political science students. Potential students are encouraged to email us at chiefjudge@secamtektektribe.org.

[14] Our focus is to first interview every aspiring student as to his or her skills set, talents and abilities. We want to feel your passion. 50% of our examination questions are conducted with a video camera to improve and hone your speaking skills. Written examinations constitute the rest of the 50%. Fees are affordable based on current Malaysian market trends. We have senior lawyers and retired judges as our Course Leaders. Courses are available Online as well using Zoom.