Kota Kinabalu: Three former students of SMK Taun Gusi in Kota Belud are still waiting for the Government to pay RM150,000 in court-ordered damages more than two years after a High Court ruling in their favour.
The students - Rusiah Sabdarin, Nur Natasha Allisya Hamali and Calvina Angayung - had filed the lawsuit in 2023 after repeated absenteeism by a teacher disrupted their education.
Their lawyer, Sherzali Herza Asli, confirmed that the Government has neither appealed the decision nor paid the damages.
“No stay of execution order has been granted, leaving the students without the compensation awarded by the court,” he said during the Guru Ponteng press conference, here, Thursday.
Sherzali said the Government’s continued inaction reflects a system lacking commitment to integrity and meaningful reform.
“Where is this Reformasi promised to us by the Madani Government? Obviously, this flagrant neglect by the Government is not reflective of a system that is committed to integrity or reform,” Sherzali said.
The case, widely referred to as the ‘Tiada Guru’ case, drew attention to teacher absenteeism in rural Sabah and broader gaps in the education system.
The High Court ruled that the Education Ministry and several school officials had violated the students’ constitutional right to education.
During the press conference, the students and witnesses described the challenges they faced, highlighting the lack of accountability within the Ministry.
Witness Mohd Fadzley Lamsi said the Ministry had covered up the teacher’s absenteeism for four years.
He said nothing was done until the students took the matter to court, emphasising that this was not just about one absent teacher.
“Internal investigations are prone to conflicts of interest. We need a constitutional body to protect students and whistleblowers,” Fadzley said.
The students praised Cikgu Nurhaizah, a teacher who collected evidence and held extra classes despite facing threats.
Calvina revealed that school administrators had attempted to intimidate students into dropping the case, prompting the High Court to issue injunctions even against the Ministry.
The court awarded RM30,000 to each plaintiff, while Sherzali noted that 23 other classmates were also affected, meaning additional compensation should total at least RM690,000.
During the Q&A session, Sherzali explained that court orders are normally enforced immediately, but the Government cannot be held in contempt in the same way as private parties.
He emphasised that his clients were compelled to speak out to remind the Government that the order must be obeyed.
Sherzali also said the plaintiffs are working with whistleblowers and schools to feed information into the proposed ombudsman system if reforms are delayed.
The students’ demands include full compliance with the judgment, stronger teacher oversight, protection for whistleblowers and reforms to prevent such failures in the future.
He said paying the damages is the first step and the least the Government can do for the students and Sabah’s education system.
Sherzali also highlighted the financial aspect, saying senior officials should consider paying from their own salaries or pensions rather than burdening the public.
The plaintiffs called for swift action from politicians to protect whistleblowers like Cikgu Nurhaizah and strengthen institutional safeguards.
As of today, neither the Education Ministry nor the Attorney-General’s Chambers has responded regarding the payment of damages, and the students hope the press conference will spur immediate action.
“It is about respecting the law, protecting students and ensuring such failures do not happen again,” Sherzali said.
