The Case for Establishing a Sabah Ombudsman

By Daniel John Jambun President
Change Advocate Movement Sabah (CAMOS

Introduction

KOTA KINABALU: The call for good governance and accountability in Sabah has grown louder over the years, especially as the state grapples with persistent issues of corruption, abuse of power, and inefficiency in public service delivery.

While Malaysia at large has institutions like the Public Complaints Bureau and the Malaysian Anti-Corruption Commission (MACC), these remain federal in nature and are often perceived as lacking in independence.

For Sabah, with its unique rights under the Malaysia Agreement 1963 (MA63) and ongoing calls for greater autonomy, the establishment of a Sabah Ombudsman is both timely and necessary.

What is an Ombudsman?

An Ombudsman is an independent body established by law to investigate complaints from the public against maladministration, abuse of power, corruption, or unfair practices by government agencies, local authorities, and government-linked companies (GLCs).

The Ombudsman acts as the people’s watchdog — ensuring transparency, fairness, and accountability in governance.

Constitutional Basis

While the Federal Constitution does not explicitly mention an Ombudsman, both Parliament and State Legislative Assemblies have the power to establish such bodies through enabling legislation.

Under the Ninth Schedule, state governments have jurisdiction over state public services, local government, and administration, giving Sabah the constitutional authority to set up its own Ombudsman Office. This would not be unconstitutional; rather, it would be a progressive step within the constitutional framework.

Ombudsman in Other States

Sabah is not starting from scratch. Other Malaysian states have already experimented with Ombudsman-like models:

State Institution/Mechanism Year Established Independence Level Scope & Functions Remarks

Selangor Selangor Ombudsman Office (statutory body) 2016 – reports to State Assembly Investigates complaints against state agencies, local councils, GLCs. First and only true state-level Ombudsman in Malaysia

Sarawak State Integrity & Ombudsman Unit (SIOU) 2018 – under Chief Minister’s Dept . Handles complaints, monitors integrity, service delivery More like an integrity unit, not independent.

Penang Complaints Committee & CAT principles 2008 onwards – tied to executive Channels complaints on local councils, governance. No formal Ombudsman law; more internal grievance redress

Sabah None – complaints handled by federal Public Complaints Bureau or State Complaints limited to existing state/federal agencies. Lagging behind Selangor & Sarawak; no independent Ombudsman

This comparison shows that Selangor leads the way with a statutory Ombudsman Office, while Sarawak and Penang have partial or administrative mechanisms. Sabah, by contrast, has no Ombudsman at all.

Why Sabah Needs Its Own Ombudsman

1. To Strengthen Accountability – Sabah has faced repeated scandals involving misuse of funds and abuse of power. An Ombudsman would provide an independent channel for citizens to lodge complaints.
2. To Improve Public Service Delivery – Longstanding issues like water shortages, poor infrastructure, and inefficiency demand a body that can investigate maladministration and recommend reforms.
3. To Uphold MA63 Spirit – Sabah’s autonomy is not just about revenue; it is also about governance. Establishing an Ombudsman aligns with the state’s push for greater self-determination.
4. To Build Public Trust – An independent Ombudsman signals political commitment to integrity, thereby boosting confidence among citizens and investors alike.

Recommendations for Sabah

1. Enact a Sabah Ombudsman Law – The State Legislative Assembly should pass an Ombudsman Enactment establishing the office as an independent statutory body.
2. Ensure Independence – The Ombudsman must report directly to the State Assembly, not the executive. Its budget should be charged to the State Consolidated Fund.
3. Transparent Appointment – The Ombudsman should be appointed with bipartisan State Assembly approval to ensure impartiality.
4. Broad Jurisdiction – Empower the Ombudsman to investigate state agencies, local councils, GLCs, and contractors handling public services.
5. Public Awareness – Conduct outreach so Sabahans understand their rights to file complaints and seek justice.

Conclusion

The establishment of a Sabah Ombudsman is not merely a bureaucratic reform; it is a bold step towards better governance, accountability, and people-centred administration. With Selangor setting the benchmark and Sarawak taking partial steps, it is high time for Sabah to act.

The Ombudsman can become a cornerstone of trust between the government and the people — ensuring that public power is always exercised for the benefit of the rakyat.