SEREMBAN: The Negri Sembilan exco will continue to function as normal despite an order from the Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir revoking their appointments, says Mentri Besar Datuk Ismail Lasim.
He said any action to dismiss or terminate the membership of an exco member made without the advice or request of the Mentri Besar 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.
“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.
Late Sunday, Tuanku Muhriz revoked the appointments of the state exco with immediate effect.
The Negri Sembilan palace in a statement said the decision was made after the exco members were found to have violated their oath of office by their actions on Sept 15, when they agreed on the removal of Tuanku Muhriz as the Yang di-Pertuan Besar.
The palace also directed Ismail to present a list of candidates for the new members of the state exco for the consideration and consent of the Ruler in accordance with Article XXXVIII(2) of the Laws of the Constitution of Negri Sembilan 1959.
The Ruler said the Mentri Besar will have to ensure that the administration of Negri Sembilan continues without disruption and in accordance with the provisions of the state Constitution.
Elaborating further, the Mentri Besar said based on the state laws, the sovereign power of the Ruler in matters of state administration shall be exercised on the advice of the Mentri Besar and the state exco.
Ismail said according to Article 40(1), the Yang di-Pertuan Besar shall act in accordance with the advice of the Mentri Besar and state exco in exercising administrative (executive) functions.
To avoid any misinterpretation, he said, the legal implications regarding this needs to be examined harmoniously and comprehensively.
“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 these discretionary powers,” he said.
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 Article 38(4) and Article 40(1).
“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.
