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

s-01a-197-04-2022 Court of Appeal (Mahkamah Rayuan) 8 September 2025 • S-01(A)-197-04/2022 • 17 min read
3 cases cited (0 SG, 3 foreign)

Catchwords

Appeal against decision of High Court - Judicial review - Appellant appointed as Penasihat Teknikal and subsequently as President of Majlis Perbandaran Tawau (MPT)–Appointment reduced/terminated within three months–Letter issued by Ministry of Local Government and Housing referring to SPANS’ decision – Whether decision attributable to Minister or SPANS–Whether application misconceived–Whether appellant entitled to judicial review remedies-Whether reduction of fixed term amounted to dismissal–Termination of appointment –Section 8 of Tawau Municipal Council Instrument 1983 – Whether Minister had power to terminate – Whether respondents acted ultra vires – Whether SPANS as appointing authority lawfully exercised termination power – Constitution of the State of Sabah, Art. 37(1)-public service – Article 135(2) Federal Constitution – Right to be heard – Whether applicable to contractual termination under clause 9 of Agreement – Whether failure to afford hearing before termination unlawful

Practice Areas

Appeal against decision of High Court

Judges (3)

Ahmad Zaidi bin Ibrahim Coram Alwi bin Abdul Wahab Delivered Mohamed Zaini bin Mazlan Coram

Counsel (4)

Chang & Kamarudin Co. Firm Calvin Joy Ensui Counsel Respondent Fererick Chang Counsel Appellant Syaiful Sufyyan Bin Sidin Counsel Appellant

Parties (3)

Minister of Local Government and Housing of the State of Sabah Respondent Ministry of Local Government and Housing of the State of Sabah Respondent Omar bin Mammah Appellant

Case Significance

Omar Bin Mammah v 1. ) Minister of Local Government and Housing of the State ... is a Court of Appeal (Mahkamah Rayuan) decision dated September 8, 2025 (citation: s-01a-197-04-2022). <p>The appellant challenged his removal as President of Majlis Perbandaran Tawau (MPT) within three months of his two-year contract appointment, claiming the Minister acted ultra vires. The Court of Appeal dismissed the appeal with RM15,000 costs, finding the appointing authority was SPANS (Suruhanjaya Perkhidmatan Awam Negeri Sabah) and not the Minister, and that the Minister's letter merely conveyed SPANS' decision, making the judicial review application misconceived.</p> The panel comprised Ahmad Zaidi bin Ibrahim, Alwi bin Abdul Wahab and Mohamed Zaini bin Mazlan, with Alwi bin Abdul Wahab delivering the judgment. Counsel appearing: Calvin Joy Ensui (counsel for respondent), Fererick Chang (counsel for appellant), Syaiful Sufyyan Bin Sidin (counsel for appellant).

Summary

The appellant challenged his removal as President of Majlis Perbandaran Tawau (MPT) within three months of his two-year contract appointment, claiming the Minister acted ultra vires. The Court of Appeal dismissed the appeal with RM15,000 costs, finding the appointing authority was SPANS (Suruhanjaya Perkhidmatan Awam Negeri Sabah) and not the Minister, and that the Minister's letter merely conveyed SPANS' decision, making the judicial review application misconceived.

What was the outcome of Omar Bin Mammah v 1. ) Minister of Local Government and Housing of the State ...?

<p>The appellant challenged his removal as President of Majlis Perbandaran Tawau (MPT) within three months of his two-year contract appointment, claim...

Statutes Cited

Federal Constitution

Cases Cited (3)

MY (3)
[2009] MLJU 1455 [2016] 7 MLJ 149 [2020] 1 CLJ 1