The Akademi Profesor Malaysia (APM) has welcomed the Government’s efforts to review the possible repeal of the Universities and University Colleges Act 1971 (AUKU), but said the move should serve as a starting point for broader higher education reform rather than simply replacing one law with another.
APM said any repeal of AUKU should be accompanied by a comprehensive review of university governance, institutional autonomy, academic freedom, student rights and responsibilities, as well as accountability within Malaysia’s higher education system.
The academy also called for a review of the position of public universities (UA) under the Statutory Bodies (Discipline and Surcharge) Act 2000, or Act 605, arguing that the governance, disciplinary and human resource framework for universities should reflect the distinct nature of universities as institutions of knowledge and the unique characteristics of the academic profession.
APM stressed that reform should strengthen institutional autonomy, academic freedom, student participation and university accountability.
Call for a comprehensive legal framework
APM said the repeal of AUKU would require a replacement legal framework to ensure continuity in the administration, finances, decision-making powers and accountability of public universities.
It also urged the Government to examine the Private Higher Educational Institutions Act 1996 (Act 555) and other relevant legislation to create a more coherent higher education ecosystem covering both public and private institutions.
While supporting the principle of a single Higher Education Master Act, APM stressed that a unified legal framework should not mean imposing identical regulations on every institution.
Instead, it proposed common principles alongside provisions tailored to the different functions, structures, responsibilities and governance arrangements of public and private higher education institutions.
APM identified four core principles for the proposed framework — autonomy, accountability, academic freedom and institutional responsibility.
University autonomy, it said, should cover academic matters, governance, human resources and finances, with clear delineation of authority between the Government, university boards, senates and university management.
At the same time, greater autonomy must be accompanied by stronger accountability for institutional performance.
Academic freedom and student rights
APM also called for academic freedom to be explicitly recognised as a fundamental principle of universities.
This should include the freedom to conduct research, express scholarly views, debate ideas and communicate research findings based on academic disciplines, while remaining subject to academic integrity, ethics and professional responsibilities.
Students, meanwhile, should be recognised as members of the academic community with rights, freedoms and responsibilities, including the ability to express views, form associations and participate in intellectual discourse.
The academy also said university governance and leadership should be strengthened through transparent and professional appointments.
Appointments to university boards, vice-chancellor and deputy vice-chancellor positions should be based on merit, competence, integrity and leadership track records, supported by clear performance assessment and accountability mechanisms.
The management and disciplinary framework for academics should likewise recognise the nature of the academic profession, academic freedom and professional standards, while maintaining integrity, accountability and good governance.
Independent committee proposed
APM proposed that any new legal framework be developed by an independent committee following extensive consultations with stakeholders.
These should include university boards, university leadership, senates, academics, students, private institutions, industry players and relevant organisations.
The academy stressed that the repeal of AUKU alone should not be used as the measure of success for higher education reform.
“What matters more is the system we build after AUKU,” APM said, arguing that Malaysia needs universities with sufficient autonomy to make decisions, the freedom to develop and defend knowledge, leadership with integrity and a willingness to be held accountable for performance.
APM cautioned that merely replacing AUKU with a new law while retaining the same regulatory culture, power structures and decision-making practices would amount to changing legislation without bringing about meaningful reform to Malaysia’s higher education system.
