PUTRAJAYA (Jan 8): The Court of Appeal dismissed separate lawsuits by teachers and Universiti Malaya staff challenging government circulars that required civil servants to take Covid-19 vaccinations, ruling that the measures were lawful and aimed at protecting public health.
On Wednesday, the Court of Appeal in a unanimous decision dismissed the lawsuits by two teachers and 19 UM staff against the Health Ministry, Universiti Malaya, the Education Ministry, the Public Services Department (PSD) and the government over circulars issued during the height of the Covid-19 pandemic.
Datuk Ahmad Kamal Md Shahid, the second judge on the bench, said the court found the circulars — which the appellants claimed were coercive and mandatory — were properly issued and within normal bureaucratic management.
"We agree with the respondents (government submission). The direction must be obeyed, provided compliance does not involve illegality, and the directive is reasonable. Hence in our unanimous decision on the issue of illegality and procedural impropriety claimed, we find that the impugned circular is not entered with any illegality,” the judge said.
The three-judge panel was led by Datuk Mohamed Zaini Mazlan and included Ahmad Kamal and High Court judge Datuk Mohd Radzi Harun.
Ahmad Kamal added that the mass immunisation programme is a major initiative to fight the virus.
“We find that as of Feb 23, 2021, the total infection was 288,299 cases nationwide, with daily new infections standing at 2,468 cases per day and the death toll of 1,976 cases. We also found that from the minister’s affidavit, the minister had provided the justification for the mass immunisation programme.
“We also find that the director-general of PSD had deposed an affidavit in defence of the impugned circular and having the explanation given we find no reason to disagree with this explanation. We find that the underlying rationale of the impugned circular (requiring civil servants to take vaccination) is grounded.”
Ahmad Kamal said the appellants' contention that the effect of the circular is tainted with irrationality, stubbornness and disproportionate does not hold water.
The circular falls within the management prerogative of PSD provision in school and also UM. On the issue of constitutionality, it does not arise and is without basis as this is a global crisis.
He added that although disciplinary action could have been taken against those who did not get vaccinated, no one had been punished, and some were still employed while others were no longer in service.
The bench ordered the UM staff to pay RM15,000 costs to the UM registrar and government and a similar amount was imposed on the teachers to the government.
Teachers and UM staff had appealed Shah Alam High Court ruling
The two teachers and 19 UM staff were appealing the Shah Alam High Court decision made three years ago to dismiss their judicial review which was filed in 2021.
The plaintiffs were challenging the requirement for vaccination, as the UM registrar had required them to, while failing to do so could affect their attendance.
The 19 UM staff and initially five teachers (later reduced to two) filed in October 2021 for permission to seek a judicial review to overturn the government’s vaccination directive.
They were granted leave (permission) in May 2022, to have the merits of their challenge of the government’s Covid-19 vaccination programme.
The UM staff named the UM registrar, the Public Service Department and its then director general Tan Sri Mohd Khairul Adib Abd Rahman, the Ministry of Health and Putrajaya as respondents.
The teachers from different parts of Selangor, named the education minister, health minister, education and health ministries, Khairul and federal government as respondents.
In their applications and affidavits, the groups said public servants should have the freedom to decide whether to take part in the vaccination programme.
They said the government’s move to compel them to take vaccines went against their basic rights as enshrined in the Federal Constitution.
The teachers were represented by lawyers Nurul Zawani Abdul Rahim and Nurazatul Farhana Shahrudin while Muhammad Amin Anuar and Adrian Yeow Way Thiam appeared for the UM staff.
Senior federal counsel Liew Horng Bin and federal counsel Siti Norashikin Hassanor appeared for the government while Raja Eileen Soraya Raja Aman and Melanie Lim appeared for the UM registrar.