Omar bin Mammah v Minister of Local Government and Housing of the State of Sabah & Anor

Appellant(s): Omar Bin Mammah

Respondent(s):

• Minister of Local Government and Housing of the State of Sabah
• Ministry of Local Government and Housing of the State of Sabah

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Dato Alwi Bin Abdul Wahab

• The appellant was appointed as "Penasihat Teknikal" and subsequently as President of Majlis Perbandaran Tawau (MPT) for a two-year contract term.
• Barely three months into his term as President of MPT, the appellant received a letter from the second respondent informing him that his term was reduced, effective retrospectively, with one month's salary in lieu of notice.
• The appellant filed a judicial review application, seeking a declaration that the respondents' action was illegal, ultra vires, and a breach of contract, arguing he was constructively dismissed without being heard.

• Whether the first and second respondents possessed the legal authority under Section 8 of the Tawau Municipal Council Instrument 1983 to reduce the appellant's tenure as President of MPT.
• Whether the reduction of the appellant's tenure amounted to an unlawful dismissal or a breach of contract, particularly in light of Article 135(2) of the Federal Constitution regarding the right to be heard.
• Whether the respondents were the correct parties to be sued, given that the Sabah State Public Service Commission (SPANS) was the appointing authority for the State Public Service.

• The Court affirmed the High Court's finding that the respondents were not the authority responsible for the appellant's appointment or termination from the State Public Service.
• The Court held that SPANS, as the appointing authority for the State Public Service, had the power to reduce the appellant's tenure as "Penasihat Teknikal" under Clause 9 of his contract, which allowed termination with notice or salary in lieu.
• The Court concluded that the appellant's appointment as President of MPT was contingent on his membership in the State Public Service, and thus, SPANS's termination of his "Penasihat Teknikal" role effectively and lawfully terminated his MPT presidency. The appeal was dismissed.