Omar Bin Mammah 1. ) Minister of Local Government and Housing of the State of Sabah 2. ) Ministry of Local Government and Housing of the State of Sabah

Omar Bin Mammah 1. ) Minister of Local Government and Housing of the State of Sabah 2. ) Ministry of Local Government and Housing of the State of Sabah

Appeal dismissed because the Court found SPANS, not the 1st or 2nd Respondents, had the authority under Article 37(1) Sabah Constitution and Clause 9 of the appointment agreement to reduce/terminate the appellant’s State Public Service appointment; SPANS’ letters (MM5) effected termination effective 19.11.2020 and OM5 recorded that action, which in turn rendered the concurrent MPT appointment ineffective from that date; the respondents were therefore wrongly named and the High Court’s dismissal was correctly affirmed.

Citation
S-01(A)-197-04/2022 (Mahkamah Rayuan)
Parties
Appellant: Omar bin Mammah; 1st Respondent: Minister of Local Government and Housing of the State of Sabah; 2nd Respondent: Ministry of Local Government and Housing of the State of Sabah
Court
A
Jurisdiction
Malaysia
Judgment Date
9 September 2025
Case Number
S-01(A)-197-04/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Arising From Judicial Review / Court of Appeal Judgment on Appeal From High Court Dismissal
Outcome
Appeal dismissed and High Court judgment affirmed
Legal Topics
Judicial Review, Ultra Vires, Termination of Contract, Natural Justice/hearing
Source Language
Malay/English
Administrative Law Constitutional Law Public Employment Law Contracts Judicial Review Ultra Vires Termination of Contract Natural Justice/hearing

Case Brief

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Parties

Omar bin Mammah

Appellant

Minister of Local Government and Housing of the State of Sabah

1st Respondent

Ministry of Local Government and Housing of the State of Sabah

2nd Respondent

Procedural Posture

Civil Appeal Arising From Judicial Review / Court of Appeal Judgment on Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether the 1st and 2nd Respondents had authority under section 8 Tawau Municipal Council Instrument 1983 to reduce/terminate the appellant’s tenure as President of MPT
  2. 2 Whether the reduction was a dismissal or lawful termination under the appointment agreement (Clause 9)
  3. 3 Whether procedural fairness/Article 135(2) required a hearing prior to reduction/termination

Ratio Decidendi

Appeal dismissed because the Court found SPANS, not the 1st or 2nd Respondents, had the authority under Article 37(1) Sabah Constitution and Clause 9 of the appointment agreement to reduce/terminate the appellant’s State Public Service appointment; SPANS’ letters (MM5) effected termination effective 19.11.2020 and OM5 recorded that action, which in turn rendered the concurrent MPT appointment ineffective from that date; the respondents were therefore wrongly named and the High Court’s dismissal was correctly affirmed.

Court Disposition

Appeal dismissed and High Court judgment affirmed

Orders

  • Appeal dismissed
  • High Court judgment dated 15.3.2022 affirmed