Negeri Sembilan Menteri Besar Ismail Lasim has disputed Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir’s revocation of the appointments for all 10 state executive councillors, arguing that the move is “unconstitutional”.

In a statement today, Ismail, who was retained as an exco by Tuanku Muhriz, said that contrary to the requirements of the state constitution, he had not advised for the excos’ removal as he was never consulted prior to the royal decision.

“... any action to dismiss or terminate the membership of an exco member made without advice or request from the menteri besar is a legal error, unconstitutional, and has no legal effect whatsoever.

“As such, there is no need to submit a new list of exco members as the existing ones remain valid and will carry out their duties as usual,” Ismail said.

The Juasseh assemblyperson referenced Article 40(1) of the Negeri Sembilan constitution, which states that the Yang di-Pertuan Besar shall act in accordance with the advice of the state exco and menteri besar in exercising administrative functions.

“The discretionary power granted to the ruler in administrative matters only encompasses matters explicitly stated in writing under Article 40(2) of the (state constitution).

“The power to dismiss or terminate the tenure of an exco member unilaterally is not enshrined within this discretionary institution,” Ismail stressed.

He added that the ruler’s power to assent to the tenure of an exco member under Article 38(5) “cannot be read in isolation,” as it must be understood together with Article 38(4) and Article 40(1).

Article 38(4) states that if the menteri besar ceases to command a majority in the state’s legislative assembly, he shall tender the resignation of the exco, unless he requests the assembly’s dissolution.

“This means that any termination or change in the position of the exco lineup during an ongoing administration can only take effect upon official advice or request from the menteri besar,” Ismail said.


At the ruler's pleasure

In a statement last night on Tuanku Muhriz’s decision, the palace cited Article 38(5) of the state constitution, which states that the excos hold office at the pleasure of the ruler.

Besides sacking the excos, the palace also said it expects Ismail to present Tuanku Muhriz with a list of new exco members, while continuing the administration of Negeri Sembilan.

The Umno assemblyperson’s rejection of Tuanku Muhriz’s revocation of the excos’ appointments comes amid speculation that Ismail is gearing up to sack the Negeri Sembilan state secretary and legal adviser.

State secretary Zafir Ibrahim previously shot down Ismail’s call for the gazettement of a disputed April 19 proclamation recognising Tunku Nadzaruddin Tuanku Ja’afar as Tuanku Muhriz’s replacement.