A court case challenging the restrictive Universities and University Colleges Act (UUCA), which was to kick off today, has been adjourned again at the government's request.

Former Universiti Sains Malaysia (USM) student Soh Sook Hwa, 24, has challenged the act after being punished by the university for her involvement in the 2004 general election campaign.

The case, which had been postponed six times since Oct 19 last year, was to have begun today in the Kuala Lumpur High Court, with a hearing into Soh's application for leave.

However, it was put off because senior federal counsel Azizah Nawawi - who is representing the respondent, the Higher Education Ministry - is attending to another court matter in Ipoh, Perak.

Soh's lawyer, Ang Hean Leng argued that the matter should not be delayed any longer.

"The applicant is just asking for an extension of time (in the application for leave), it is very straightforward," said Ang, in seeking an early date for the hearing.

Justice Wan Afrah Wan Ibrahim asked federal counsel Effandi Nazila Abdullah, who turned up on behalf of Azizah, about the matter in Perak.

"Is that (reason) good enough to ask for an adjournment?" questioned Wan Afrah, who later fixed Dec 14 for the hearing.

Soh, now a marketing executive based in Penang, was present today with her friends and representatives of student groups.

Lawyer Amer Hamzah Arshad held a watching brief for the Bar Council.

New date set

This is the first case challenging the legality of the UUCA, which bars academicians and students from being involved in politics, among other activities, without prior permission of the campus authorities.

Soh is seeking a review of the ministry's decision to reject her appeal against the penalties imposed by the USM disciplinary board, which found her guilty of involvement in the 2004 general election campaign.

She is also seeking a declaration that Section 15 of the UUCA - which bars students from any form of affiliation with political parties or associations - and several provisions in the USM regulations as unconstitutional.

However, the ministry is challenging a technical ground in Soh's application - that her court application was filed only after the 40-day time frame from receipt of the ministry's letter.

The time frame is stipulated in the University Act, but Soh has argued that she was informed by the ministry's decision much later as she was abroad and the letter was not sent to her hometown address.

She then sought leave from the court to ask for an extension of the 40-day time frame on the ground that her action against the ministry involves public interest.
Crucial decision

The court was today scheduled to hear arguments from both parties on the application for leave, which is crucial in determining whether Soh's main application in challenging the UUCA can proceed.

The ministry has given three grounds in a written submission to object to her leave application.

In December 2004, the university found Soh guilty of breaching Section 15 of the UUCA. A photograph of her clad in a t-shirt bearing an opposition party logo had appeared in a vernacular paper.

The university then accused her of campaigning for Parti Keadilan Rakyat candidate Tian Chua in the Batu parliamentary seat in Kuala Lumpur. She was found guilty, fined RM200 and issued a stern warning.

The former student representative was a final-semester journalism undergraduate at the time. She was also the former president of the USM Chinese Language Society.

Several months later, Soh received a letter stating she had breached Section 15 of the UUCA. She was also accused of tarnishing the university's image.