PETALING JAYA: The Negri Sembilan state secretary and legal advisor have been suspended effective immediately, says Datuk Ismail Lasim.
The Mentri Besar said the decision to suspend Datuk Mohd Zafir Ibrahim and Datuk Muzalmah Mustapha Kamal was made following a special meeting by the state executive council on Tuesday (Sept 22).
Ismail said state financial Datuk Masri Razali would perform the duties of state secretary until someone new is appointed by the Chief Secretary to the Government.
“Meanwhile, the task of providing legal advice will be carried out by Fahmi Adilah until a new state legal adviser is appointed by the Attorney General’s Chambers,” said Ismail in a statement on Tuesday.
Ismail said the notice of Zafir’s suspension would go to the Chief Secretary to the Government and the Public Service Department, while the AGC would be notified of Muzalmah’s.
Ismail also maintained that his executive council line-up remained in office, two days after Tuanku Muhriz revoked the appointments of all ten of its members other than the Mentri Besar's.
"I also confirm that all positions of state executive council members remain intact and valid," he said, adding that the state administration would carry on as usual.
The statement did not give reasons for the suspensions.
Earlier on Tuesday, checks showed some council members had clocked in as usual for work.
State tourism, arts, culture and heritage committee chairman Datuk Razali Abu Samah said he would be going into the office to attend to his official work.
"I will be going into the office as usual. In between, I will be attending a funeral in Paroi Jaya," he said.
State health, unity, information, national integration and non-governmental organisation committee chairman Suhaimizan Bizar and state industrialisation, technology, innovation and digitalisation committee chairman Datuk Mohd Asna Amin had also reported for work as usual.
However, some other council members could not be reached for comment.
Tuanku Muhriz had revoked their appointments after the exco members were found to have violated their oath of office.
The Negri Sembilan Palace, in a statement, 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 also 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 council members breached that oath by their actions on Sept 15 when they agreed on Tuanku Muhriz's removal as the Yang di-Pertuan Besar, it added.
The following morning, Ismail said the council would continue to function normally despite the order from Tuanku Muhriz.
He said any action to dismiss or terminate a council member's tenure without the Mentri Besar's advice or request constitutes a legal error, is unconstitutional and holds no legal force.
Ismail said he was neither consulted nor did he at any time advise on the dismissal of any Negri Sembilan executive council member under Article 38(5) of the Laws of the Constitution of Negri Sembilan 1959.
As such, their positions remain valid and they would carry out their duties as usual, he said.
He said based on Article 40(1) of the state laws, the sovereign power of the Ruler in matters of administration shall be exercised on the advice of the Mentri Besar and the executive council.
The power to dismiss or terminate the tenure of a council member unilaterally was not enshrined within this discretionary power, 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.
