Negeri Sembilan Menteri Besar Datuk Ismail Lasim says all 10 state executive councillors (Exco) remain legally in office and can continue carrying out their duties, despite the Yang di-Pertuan Besar’s decision to revoke their appointments with immediate effect.
Ismail said there was no need for a new list of Exco members to be submitted, based on his interpretation of the Laws of the Constitution of Negeri Sembilan 1959 (UUTKNS), particularly provisions relating to executive authority and the position of the state executive council.
He said Article 40(1) of the state constitution provides that the Yang di-Pertuan Besar shall act on the advice of the Menteri Besar and the State Executive Council in exercising the functions of state administration.
According to Ismail, the ruler’s discretionary powers under Article 40(2) are limited to matters expressly provided for in writing and do not include the unilateral power to dismiss or terminate an Exco member’s tenure.
He said the state’s constitutional system is based on the principles of constitutional monarchy and parliamentary democracy, with the ruler’s powers in state administration exercised on the advice of the Menteri Besar and Exco.
Ismail also argued that Article 38(5), concerning the ruler’s consent to an Exco member’s tenure, should not be read separately but together with Articles 38(4) and 40(1).
“Basically, the system of administration in Negeri Sembilan is founded on the principles of Constitutional Monarchy and Parliamentary Democracy,” he said in a statement today.
Ismail further said any attempt to dismiss or terminate an Exco member without the advice or request of the Menteri Besar would be a legal error and have no legal effect.
He said he had never been consulted or advised on the termination of any Negeri Sembilan Exco member under Article 38(5).
“As such, there is no need to submit a new list of Exco members because the existing Exco members remain valid and will continue carrying out their duties as usual,” he said.
However, the Negeri Sembilan palace had earlier announced that Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir had revoked the appointments of all 10 Exco members with immediate effect.
In a statement issued by the palace’s Pengelola Bijaya Diraja, Datuk Azizi Mohamad Ali, the decision was made after Tuanku Muhriz found that the Exco members had violated their oath of office and pledge of allegiance. The palace also said Ismail was required to submit a new list of candidates for the ruler’s consideration and consent.
The dispute comes amid a wider constitutional disagreement over Tuanku Muhriz’s position as Yang di-Pertuan Besar. The Negeri Sembilan Dewan Keadilan dan Undang and the Attorney-General’s Chambers have separately disputed the earlier move to remove the ruler, saying Tuanku Muhriz remains the lawful ruler.
