Post by : Rohit Dhiman

Malaysia’s Higher Education Ministry is accelerating work on a new law that will replace the Universities and University Colleges Act 1971, commonly known as Auku. Higher Education Minister Zambry Abd Kadir said the ministry is currently working to simplify important provisions from the existing legislation so they can be incorporated into the proposed Act. The government’s move comes after Prime Minister Anwar Ibrahim announced that Auku would be abolished. The proposed replacement is expected to provide a new legal framework for public universities while addressing longstanding concerns about restrictions affecting students. Zambry said Auku should not be viewed only as legislation governing students. According to him, the law also provides the legal basis for the establishment and operation of public universities.

New Higher Education Act to Cover Universities

Zambry explained that the ministry is reviewing provisions related to the establishment of universities and considering how they can be simplified under the new legislation. He stressed that the legal framework governing universities remains important because public universities require legislation to establish and operate their institutions. The proposed Higher Education Act is therefore expected to retain essential provisions dealing with universities while moving away from aspects of Auku that have been criticised for placing unnecessary restrictions on students. The ministry is working to ensure that the new legislation does not create legal gaps once the existing Act is repealed.

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Government Moving Ahead With Auku Replacement

The latest development follows a series of announcements by Anwar regarding the future of Auku. On Aug 15, Anwar announced at the PKR congress that the government would abolish Auku. He also said the replacement would not be designed as another law imposing restrictions on students’ freedom. The announcement marked a significant development in the government’s approach to student freedom and university governance. Following the announcement, the Higher Education Ministry said an independent committee would be established to examine the relevant aspects of preparing a new law.

Bill Expected to Be Tabled in Parliament

On Aug 20, Anwar said a bill to repeal Auku was expected to be tabled in the Dewan Rakyat this year. The latest comments from Zambry indicate that preparations for the new legal framework are now being accelerated. The ministry is working through the provisions that need to be retained while considering how the new legislation can provide a clearer and more effective framework for Malaysia’s public universities. The drafting process will also involve engagement with parliamentary representatives. Zambry said the ministry is conducting briefings for the Parliamentary Select Committee on Nation Building, Education and Human Resources Development as part of the preparation process.

Student Restrictions Also Under Review

Alongside the drafting of the new Act, the ministry is also looking at ways to ease restrictions on students through executive measures and existing procedures. Zambry said these changes were being pursued in response to Prime Minister Anwar’s request. The government’s approach suggests that some changes affecting students may be introduced before the new legislation is fully enacted. This could allow certain restrictions to be eased through administrative and executive measures while the broader legal reform continues. The issue of university autonomy and student participation has been a longstanding subject of discussion in Malaysia. Auku has historically been associated with regulations affecting universities, students and campus activities.

Why Auku Is Being Replaced

Auku was introduced in 1971 and has played a central role in Malaysia’s public university system for decades. Over the years, however, critics have argued that some of its provisions have limited student expression and participation in political and public affairs. The government’s decision to repeal the Act represents an attempt to create a different legal framework for higher education. At the same time, Zambry’s comments make clear that the government does not intend to remove every function currently carried out under Auku. Provisions concerning the establishment and operation of universities will still be required and are being reviewed for inclusion in the replacement legislation.

Independent Committee and Parliamentary Process

The formation of an independent committee is another important part of the reform process. The committee is expected to examine the issues involved in replacing Auku and contribute to the development of the new legal framework. The ministry’s briefings to the parliamentary select committee are intended to provide lawmakers with information about the drafting process and the proposed changes. The process could involve further consultation with universities, academics, students and other stakeholders before the final legislation is presented to Parliament.

What Will the New Law Change?

The precise details of the proposed Act have yet to be finalised. However, the government has indicated that it wants to preserve the legal provisions necessary for establishing and operating public universities while reducing restrictions on students. The reform could therefore affect several areas of Malaysia higher education, including university governance, institutional operations, student rights and administrative procedures. The government’s stated position is that the replacement legislation should not simply reproduce Auku under a different name. Instead, the new framework is intended to reflect the changing needs of Malaysia’s higher education sector.

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