SEREMBAN: The Negri Sembilan executive council (exco) will continue to function normally despite a decree from Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir revoking its members' appointments, says Mentri Besar Datuk Ismail Lasim.
He said any action to dismiss or terminate an exco member's tenure without the Mentri 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 Negri Sembilan exco member under Article 38(5) of the Laws of the Constitution of Negri Sembilan 1959.
"As such, there is no requirement to submit a new list of exco members because the existing lineup remains valid and will carry out their duties as usual," he said in a statement on Monday (Sept 21).
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Late Sunday (Sept 20), Tuanku Muhriz revoked the appointments of the state exco with immediate effect.
The Negri Sembilan Palace said in a statement the decision was made after the exco 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 Yang di-Pertuan Besar on Aug 7, prior to their appointment to the state executive council.
The statement said they had pledged allegiance to the Ruler and the Royal Institution, undertaken to protect and preserve the sovereignty of the state Constitution, and acknowledged the authority vested in the Dewan Keadilan dan Undang (DKU).
However, the exco members breached that oath by their actions on Sept 15 when they agreed on the removal of Tuanku Muhriz Tuanku Munawir as the Yang di-Pertuan Besar, it added.
In a press statement issued the following day, the exco members said an April 19 proclamation removing Tuanku 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.
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They said Tuanku Nadzaruddin Tuanku Ja'afar was now the Yang di-Pertuan Besar in place of Tuanku Muhriz.
The exco statement came two days after the DKU ruled that Tuanku Muhriz remains the lawful ruler and that no vacancy exists.
In last night's statement, the Palace also directed Ismail to present a list of candidates as new exco members for the consideration and consent of the state Ruler in accordance with Article XXXVIII(2) of the state Constitution.
The Ruler said the Mentri Besar will have to ensure that the administration of the state continues without disruption and in accordance with constitutional provisions.
On Monday, 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 Mentri Besar and the exco.
He said that this was in accordance with Article 40(1) of the state laws.
"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," he said, adding that fundamentally, the state's administrative system was upheld by the principles of a constitutional monarchy and parliamentary democracy.
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Ismail said 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 lineup during an ongoing administration can only take effect upon the advice or official request of the Mentri 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 valid rule of law.
