Negeri Sembilan ruler sacks state exco members but chief minister says business as usual
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Members of the executive council, other than the Menteri Besar, hold office at the pleasure of the Yang di-Pertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir (in orange).
PHOTO: ST FILE
- The Yang di-Pertuan Besar of Negri Sembilan revoked the appointments of state executive council members for violating their oath of office signed on Aug 7.
- The exco members breached their oath through actions and statements on Sept 15, leading to immediate dismissal and individual notification by letter.
- Menteri Besar Datuk Ismail Lasim must propose new candidates to maintain state administration and safeguard public interests during the transition, per state constitution.
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KUALA LUMPUR – The ruler of Negeri Sembilan state, Muhriz Munawir, has revoked the appointments of members of the state executive council with immediate effect, according to a statement issued by the Istana on Sept 20.
But the state’s Chief Minister Ismail Lasim said on Sept 21 that the council will continue to function normally despite the decree.
The state ruler’s statement on Sept 20 said the decision was made after the executive council members were found to have violated their oath of office.
It said the members had taken and signed an oath and pledge of allegiance before the ruler of the state on Aug 7, prior to their appointment to the state executive council.
Under Negeri Sembilan’s Constitution, members of the executive council, other than the Menteri Besar, hold office at the pleasure of the state’s ruler.
The statement said the exco members had pledged allegiance to the ruler and the royal institution and had undertaken to protect and preserve the sovereignty of the state Constitution. It acknowledged the authority vested in the Dewan Keadilan dan Undang council.
However, the exco members breached that oath by their actions on Sept 15, when they agreed on the removal of Muhriz as the state ruler, the statement added.
In a statement issued the following day, the exco members said an April 19 proclamation removing Muhriz under Article 10 of the state laws had been signed and sealed by the lawful Undang (ruling chiefs) and became complete when Ismail signed it on Aug 3.
They said Nadzaruddin Ja’afar was the state ruler in place of Muhriz.
The exco statement came two days after the state’s Council of Justice and Ruling Chiefs ruled that Muhriz remains the lawful ruler and that no vacancy exists.
The ruler subsequently revoked their appointments with immediate effect, adding that each of the affected members had been informed individually by letter.
Following the decision, Ismail is required to present a list of candidates for the new members of the state executive council for the consideration and consent of the state ruler, in accordance with the Constitution.
The ruler also expects the Menteri Besar to ensure that the administration of Negeri Sembilan continues without disruption and in accordance with the provisions of the state Constitution.
The statement stressed that the interests of the people must remain safeguarded during the transition.
The statement was issued by Azizi Mohamad Ali, Pengelola Bijaya Diraja of Istana Besar Seri Menanti, and was dated Sept 20.
Ismail said, in a statement on Sept 21, that any action to dismiss or terminate an exco member’s tenure without the Menteri Besar’s advice or request constitutes a legal error, is unconstitutional and holds no legal force.
“I need to state here that I was neither consulted, nor did I at any time advise on the dismissal of any Negeri Sembilan exco member under Article 38(5) of the Laws of the Constitution of Negeri Sembilan.
“As such, there is no requirement to submit a new list of exco members because the existing line-up remains valid and will carry out their duties as usual,” he said.
Ismail said that based on state laws, the sovereign power of the ruler in matters of administration shall be exercised on the advice of the Menteri Besar and the exco.
“The discretionary power granted to the ruler in administrative matters only encompasses items expressly stated in writing under Article 40(2) of the state laws.
“The power to dismiss or terminate the tenure of an exco member unilaterally is not enshrined within this discretionary power,” the Menteri Besar said, adding that, fundamentally, the state’s administrative system was upheld by the principles of a constitutional monarchy and parliamentary democracy.
He said that the ruler’s power to consent to the tenure of an exco member under Article 38(5) cannot be read in isolation but should be read together with Articles 38(4) and 40(1) of the state laws.
“This means that any termination or alteration to the composition of the exco line-up during an ongoing administration can only take effect upon the advice or official request of the Menteri Besar,” he said.
Ismail said the state government will continue to defend the supremacy of the Constitution to ensure that administrative stability and the people’s mandate are always preserved in accordance with the rule of law. THE STAR/ASIA NEWS NETWORK