Negeri Sembilan MB disputes palace move to revoke

KUCHING: Negeri Sembilan Menteri Besar Datuk Ismail Lasim has disputed the legal basis for the revocation of the appointments of the state’s 10 executive councillors, maintaining that the existing Exco remains valid and will continue carrying out its duties.

In a statement today (Sept 21), Ismail said the issue must be considered within the framework of the Laws of the Constitution of Negeri Sembilan 1959, particularly the provisions governing executive authority, the position of the Menteri Besar and the tenure of members of the State Executive Council.

He argued that Negeri Sembilan’s system of government operates on the principles of constitutional monarchy and parliamentary democracy, under which executive functions are generally exercised on the advice of the Menteri Besar and the State Executive Council.

According to Ismail, Article 40(1) requires the Yang di-Pertuan Besar to act in accordance with such advice when exercising executive functions under the relevant provisions of the state Constitution.

He further contended that the Ruler’s discretionary powers in administrative matters are confined to matters expressly provided for under Article 40(2).

“The power to unilaterally dismiss or terminate the tenure of an Exco member is not provided for under this discretionary power,” he said.

Ismail also maintained that Article 38(5), which concerns the tenure of Exco members, could not be interpreted in isolation and must be read together with Articles 38(4) and 40(1).

On that interpretation, he said any termination or change in the composition of the Exco during the course of an administration could only take effect following the advice or formal request of the Menteri Besar.

Ismail said he had not been consulted over the termination of any Exco member and had at no time advised the Yang di-Pertuan Besar to revoke their appointments.

“I was never referred to and never advised the termination of any Negeri Sembilan Exco member.

“Therefore, there is no need to submit a list of new Exco members because the existing Exco remains valid and its members will continue performing their duties,” he said.

He maintained that any removal carried out without the advice or request of the Menteri Besar would, in his interpretation, be unlawful, unconstitutional and without legal effect.

The statement follows the announcement by Istana Besar Seri Menanti that Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir had revoked the appointments of the 10 Exco members with immediate effect after finding that they had breached their oath of office.

The palace cited Article 38(5) of the state Constitution, under which an Exco member other than the Menteri Besar holds office at the pleasure of the Yang di-Pertuan Besar. It also said each affected member had been informed individually by letter and that Ismail was required to submit a new list of candidates for the Ruler’s consideration and consent.

The palace said the breach arose from the Exco members’ actions and statements on Sept 15, after they had earlier taken an oath of office and pledged allegiance to the Ruler and the Royal Institution on Aug 7.

The dispute follows a series of developments concerning Tuanku Muhriz’s position. On Sept 17, Ismail confirmed that the State Executive Council had unanimously discussed and decided on an Instrument of Proclamation concerning the Ruler’s position.

The Negeri Sembilan Dewan Keadilan dan Undang subsequently maintained that Tuanku Muhriz remained the lawful Yang di-Pertuan Besar and said matters concerning the selection, appointment, abdication and removal of the Ruler fell within the council’s jurisdiction under the state Constitution.

Ismail said the state government would continue to uphold the Constitution to ensure administrative stability and safeguard the mandate of the people.