Sunday 28 March 2021

GERAK applies for Judicial Review of the appointment of the Vice-Chancellor of Universiti Terengganu

Kuala Lumpur 25 March 2021

The High Court in KL heard an application this afternoon from Gerak, a leading academic association, for a Judicial Review of the appointment of the Vice-Chancellor of Universiti Terengganu.

The application was made by Pertubuhan Pergerakan Tenaga Akademik Malaysia (Gerak) (Malaysian Academic Movement), Professor Zaharom Bin Nain as Chair of the Association, and Rosli Bin Mahat as Secretary of the Association. The respondents to the application are the Minister of Higher Education, Malaysia and Ybhg Dato’ Dr. Nor Aieni Binti Haji Mokhtar (Vice-Chancellor, Universiti Malaysia Terengganu)

The application was made on the alleged ground that the appointment of the Vice-chancellor was not in compliance with section 4A of the Universities and University Colleges Act 1971 (Act 30). Section 4A was added in 2008 through an amendment Act. The section reads as follows:

4A.  For the purpose of selecting a qualified and suitable person for the post of Vice-Chancellor or for any other post to which the Minister has the power to appoint under this Act, the Minister shall, from time to time, appoint a committee to advise him on such appointment. 

Gerak’s application states that the object of the new section at the time it was passed was to instill 'greater accountability, transparency, professionalism and academic independence and autonomy in the process of the appointment' of Vice-Chancellors of public universities. The contentions before the court this afternoon centered around two main issues which were,

  1. Whether Gerak had standing as a society of academics to apply for a judicial review (the standing issue), and
  2.  Whether section 4A of the Universities and University Colleges Act 1971 (Act 30) applied to reappointments of vice-chancellors or was only limited to first appointments. (the reappointment question)

On the issue of standing, Gerak’s lawyers argued that Gerak had satisfied the “adversely affected” test as required by law and therefore had standing to apply for the JR. It was argued that Gerak as an interest group representing academics has a real and genuine interest in ensuring the appointment of Vice-Chancellors is carried out openly and transparently with the advice of a committee appointed under section 4A. That section was introduced to strengthen academic freedom and the autonomy of universities, which are also some of Gerak’s objectives. Secondly, compliance with section 4A, it was argued, ensured that members of Gerak who aspired to apply for the position of Vice-Chancellor of a public university would have fair access to such a position whenever the position of Vice-Chancellor in a public university fell vacant.

The view of Gerak’s lawyer on the second point was that section 4A applied not only to the first appointment of an individual as Vice-Chancellor but also subsequent appointments.

Lawyers for the Minister and the incumbent Vice-Chancellor took opposing views on both questions.

The High Court will deliver its decision on the application on 9 April 2021.

Wednesday 24 March 2021

Owner Beware! (of digital property, cybercrimes, data protection and IT security

 

The internet and the proliferation of computer technology have sprouted new opportunities for those who would engage in illegal activity. The new technology has also generated new varieties of criminal activity. It is also evident that legal systems that are relied on to combat criminal activities are not adequately equipped to deal with cybercrimes. The law takes a long time to catch up with new strains of criminal abuse. Not only governments, corporations and businesses are targeted by the new brand of criminals but also individuals. Because of these developments, individuals must reassess their understanding of what constitutes property and how even traditional items of property such as money and land are increasingly represented through the new technology. They must then assess the new risks that technology has created that will impact their property and take measures to protect that property.

In the following paragraphs, obtained from Mondaq.com, Stuart Mort, Global Head of Consulting & Chief Security Officer of Law in Order answers the question:

‘How should people increase their knowledge about data protection and IT security?’

This is a great question, and this answer might seem a little left field. Fundamentally it is to understand the risk equation by playing through scenarios. If I have an 'asset' (as an example, an email is an information asset), what is it 'worth', what can happen to it (the threat), how likely is that to happen, what would it mean if it did happen (the impact) and therefore, how can I reduce/remove those factors?

We do this every day. Crossing a road is a great example. You are the asset, you could get injured, it is likely to happen with fast-moving cars, less likely on a quiet road and we reduce the risk by using a proper crossing.

Applying this to your work laptop - it could get stolen/lost, it is likely as it is carried between work and home every day, it would significantly impact Law in Order as it stores data on employees' and customers' information. I can reduce the risk by never leaving it in the car unattended, ensuring that all data is encrypted and always screen-locking.

U K Menon