The Malaysian Bar’s International Malaysia Law Conference (“IMLC”) 2026 takes place from 27 to 30 Oct 2026 at MITEC, Kuala Lumpur.
By Faeza Suraya Roselan, Azmi Fadzly Maha & Sim
The session titled “The Government and Higher Educational Institutions: Executive Oversight and Academic Independence” may have been one of the last sessions on Day 2 (29 Oct 2026) of the International Malaysia Law Conference (“IMLC”) 2026, but it was no less interesting.
Moderated by Larissa Ann Louis, Partner at Azri, Lee Swee Seng & Co, the session was originally slated to feature three speakers. Unfortunately, Professor Zaharom Nain, Director of the Allianz Centre for Governance; and Adjunct Professor at the Faculty of Business and Economics, Universiti Malaya, was unable to attend. Despite his absence, the remaining speakers drew on their expertise and experience to make the session engaging. They were U K Menon, the Chief Executive Officer of Espact Education and Professor Dr Wan Chang Da, Professor II at the School of Education, Taylor’s University.
The session was broadly divided into two parts. U K Menon discussed the history and nature of executive control over higher education in Malaysia, while Professor Dr Wan Chang Da tackled the issue of academic freedom versus institutional autonomy.
According to U K Menon, executive control over higher education in Malaysia was primarily driven by national development and political management. Malaysia’s early post-independence years were marred by political unrest, which later resulted in the Universities and Colleges Act 1971 (“AUKU”) coming into effect in 1971. Since it came into force, AUKU has been controversial for limiting students’ political participation, activism and freedom of speech. The Statutory Bodies (Discipline and Surcharge) Act 2000 (Act 605) that followed was no less controversial, as it imposed similar restrictions on public university employees.
In August 2026, the Prime Minister of Malaysia, Datuk Seri Anwar Ibrahim, announced that the Government was planning to abolish AUKU and replace it with the One Higher Education Act (“OHEA”), which is intended to be more comprehensive. Despite this, U K Menon stated that when considering reform, the Executive’s role must be analysed very closely to prevent a repeat of what had previously transpired, with AUKU being an example.
Professor Dr Wan Chang Da, in his part of the presentation, emphasised that academic freedom and institutional autonomy come hand in hand; one cannot exist without the other as both play a crucial role in managing higher education institutions. However, he corrected a specific narrative about what “academic freedom” means, as it is not as absolute as the term suggests. Academic freedom is subject to the norms and standards of scholarly inquiry and must observe the boundaries of expertise, scientific rigour and professional responsibility.
On the other hand, “institutional autonomy” is the degree of self-governance for a higher education institution and acts as a guarantor of academic freedom by providing an environment in which it can be exercised. Professor Dr Wan Chang Da used the separation of powers between the Judiciary and the Executive in Malaysia as a clear example of checks and balances to drive this point across.
To safeguard the future of higher education in Malaysia, there are many points that OHEA must cover. Professor Dr Wan Chang Da listed the seven principles which OHEA would focus on: academic freedom; institutional autonomy; public accountability; harmonised governance; diversity of institutions; a redefinition of executive control; and, most importantly, higher education as a national priority.
One question posed by the floor after the session was whether the principles mentioned by Professor Dr Wan Chang Da would also apply to private higher education institutions and, if so, how they would be implemented. U K Menon acknowledged that, while the implementation might be difficult, private higher education institutions have a better understanding between students and universities, largely due to parental involvement. In any event, he pointed out that for higher education to thrive in Malaysia, discriminatory laws and principles must be removed so that all students have equal access to quality education.
For students, higher education is the bridge between traditional schooling and the real world. From this session, it is clear that the governance of higher education in Malaysia should be refined, and accordingly, higher education institutions must be given the necessary academic freedom and institutional autonomy to facilitate this.
*This article reports on Breakout Session 8, Stream A: Law and Society.