Negeri Sembilan menteri besar Ismail Lasim has disputed Yang Dipertuan Besar Tuanku Muhriz Tuanku Munawir’s decision to revoke the appointments of 10 state executive council (exco) members.
In a statement citing the Negeri Sembilan constitution, Ismail said the state ruler could not terminate an exco member’s tenure unless advised or requested to do so by the menteri besar.
“I was never consulted and never advised the termination of any Negeri Sembilan exco member.
“Therefore, there is no need for me to submit a list of new exco members because the existing appointments remain valid and the exco members can continue performing their duties,” he said.
Ismail cites state constitution
Ismail said Negeri Sembilan’s system of government was based on the principles of constitutional monarchy and parliamentary democracy.
He said that under the state constitution, the ruler’s sovereign powers involving the state government must be exercised on the advice of the menteri besar and the state exco.
He added that the ruler’s discretionary powers in state administration only covered 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 said Article 38(5) of the state constitution, which concerns the Yang Dipertuan Besar’s power to consent to the tenure of an exco member, must be read together with Articles 38(4) and 40(1).
“This means that any termination or change to the composition of the exco during the administration can only take effect on the advice or official request of the menteri besar.”
Ismail maintained that any dismissal or termination of an exco member without the menteri besar’s advice or request would be unlawful, unconstitutional and invalid.
Palace revokes 10 exco appointments
Yesterday, the Negeri Sembilan palace announced that Tuanku Muhriz had decided to revoke the appointments of the 10 exco members with immediate effect.
The palace said the exco members had breached their oath of office and pledge of allegiance to the Yang Dipertuan Besar, which they took on Aug 7.
It also said that under the state constitution, exco members other than the menteri besar hold office at the pleasure of the ruler.
Last week, the exco released a joint statement purportedly affirming Tuanku Muhriz’s removal as Yang Dipertuan Besar. Ismail endorsed the statement a day later.
This came despite Ismail previously claiming that he had been coerced into signing a proclamation concerning Tuanku Muhriz’s alleged removal.
Dispute over ruler’s position
The Negeri Sembilan Dewan Keadilan dan Undang dismissed the exco’s statement as unconstitutional and invalid, saying Tuanku Muhriz remained the state’s ruler.
The Attorney-General’s Chambers also said the statement had no legal effect, as the menteri besar and his exco did not have the power to unilaterally vacate the state ruler’s position.
