CONFIDENTIAL 1 LW/FEB 2022/LAW309

UNIVERSITI TEKNOLOGI MARA

FINAL ASSESSMENT

COURSE : ADMINISTRATIVE LAW

COURSE CODE : LAW 309

EXAMINATION : FEBRUARY 2022 (SET 1)
ASSESSMENT
RELEASE DATE : 07 FEBRUARY 2022 (9.00AM)

ASSESSMENT
LAST SUBMISSION : 07 FEBRUARY 2022 (5.00PM)
DATE

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of THREE questions.

2. Answer any TWO (2) questions.
3. Answer ALL questions in English.

4. Softcopy of answers must be submitted via (TO BE FILLED IN BY LECTURERS IN EACH

CAMPUS)

5. All answer must be typed using the Arial font and font size must be 12. Spacing = 1.5.

6. You are reminded not to exercise any plagiarism to avoid any bad repercussions on you.

This examination paper consists of 3 printed pages

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 CONFIDENTIAL 2 LW/FEB 2022/LAW309

QUESTION ONE

Kamaruddin worked as a Manager at Daya Budi Holding Bhd, an Information Technology (IT)
company in Subang Jaya. On 1 December 2021, he posted on Twitter hinting that the
company Chief Executives Officer (CEO), Mr Samad, used his position to manipulate clients
personal data for his benefit. Kamaruddin also made an allegation saying that Mr Samad sold
the clients information to Padu Tech Inc., a competitor in the business.

On 2 December 2021, Mr Samad read the Twitter posting and instructed Human Resources
Department to take immediate action against Kamaruddin. On the same day, Mr Samad was
called by the Human Resources Department informing him to appear before Disciplinary
Board on 3 December 2021. Kamaruddin asked why was he needed to appear before
Disciplinary Board, but the officer-in-charge declined to explain.

On 3 December 2021, Kamaruddin received the charge letter at the proceeding. Shocked by
the nature of the charge, he asked for the proceeding to be postponed, but his request was
rejected. Kamaruddin noticed that the Chairman of the proceeding was Mr Samad.
Kamaruddin requested to call the witnesses to testify, but the proceeding panel turned down
Kamaruddin request. The panel also disallowed Kamaruddin to cross-examine any witnesses
on that day.

Kamaruddin was dismissed after the proceeding. He is very dissatisfied with the dismissal and
intents to challenge the decision of the Disciplinary Board in court.

Advise Kamaruddin.

(20 marks)

QUESTION TWO

Under the Public University Act 2020 (fictitious) the Higher Education Minister is empowered
to make regulations regarding the applications of lecturer’s position in the Public Universities.
The regulations need to be consulted with the Board of Professors before the enforcement.
The Higher Education Minister made the following regulations.

Regulation 3: No appeal is allowed against the decision of the minister.

Regulation 5: Application from a single male or female for the lecturer’s position is given
priority since single persons can give more contributions to the university.

The above regulations were enforced since 1st October 2021 but were not consulted with the
Board of Professors as required by the said Act.

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Dr. Mendoza, who is a newlywed, applied for the position as a lecturer in KPI University, which
is a public university, and his application was rejected since he was a married man. He was
not satisfied with the decision made by the KPI University and wanted to challenge the
regulations made by the Higher Education Minister.

Advise him.
(20 marks)

QUESTION THREE

Datuk Awang, the Minister of Land and Natural Resources, is empowered by the Land and
Natural Resources Act 2013 (fictitious) to use his discretion to issue timber and mining
licenses and to supervise the usage of the natural resources so that they are sustainably
consumed. Datuk Awang made the following decisions.

(a) Directed the Superintendent of Land & Survey to issue a provisional lease for oil palm
plantation to his wife’s new company, Big 6 Sdn Bhd, instead of Slim Darby a reputable
palm oil company with an excellent track record.

(b) Awarded a timber extraction license to KST Sdn Bhd to log over an area which is home
to various endangered animals and rich in diverse flora and fauna. Parts of the area is
gazetted as Nulu National Park, the only UNESCO World Heritage site, upsetting the
Malaysian Nature Society.

(c) Issued a timber extraction license to FB Sdn Bhd over an area occupied by the
indigenous people of Kampung Apar who hold native customary rights to land over the
same area for centuries.

(d) Issued mining license to a company, Geo Mining Sdn Bhd upon the request of the
Minister of Mining and Science despite his own reservations. The license was issued
over the same area occupied by the Kampung Apar people.

Feeling aggrieved, Slim Darby, Malaysian Nature Society, and the Paramount Chief Adis,
headman representing the indigenous people of Kampung Apar, seek your advice as to their
rights, if any, to challenge Datuk Awang’s decisions.
Advise the parties respectively.
(20 marks)

END OF THE EXAMINATION QUESTIONS

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