Ismail Lasim rejects the Ruler's order and says the 10 Negeri Sembilan excos remain valid

SEREMBAN: Negeri Sembilan Menteri Besar Datuk Ismail Lasim has rejected the Yang di-Pertuan Besar's order revoking the appointments of 10 state executive councillors, insisting that the current line-up remains valid.

In a statement on Monday, he said the dismissal of an exco member without the advice or request of the menteri besar was unconstitutional and had no force of law.

"I had never been consulted or advised on the dismissal of any exco member," he said.

"The existing exco remains valid and will continue to carry out their duties as usual," he said.

Ismail said there was no need to submit a new list of candidates as the Ruler had instructed.

The menteri besar's argument

Ismail relied on Article 40(1) of the Laws of the Constitution of Negeri Sembilan 1959, which he said requires the Yang di-Pertuan Besar to act on the advice of the menteri besar and the state executive council in matters of state administration.

He said the Ruler's discretionary powers under Article 40(2) were limited to specifically enumerated matters, and that the dismissal of exco members was not among them. He also cited Articles 38(4) and 38(5).

Any dismissal made without his advice, Ismail said, was a legal error.

The order in dispute

The Negeri Sembilan palace announced late on Sunday night that the appointments of all 10 exco members had been revoked with immediate effect, on the grounds that they had breached their oath of office through their actions and statements on September 15.

The palace cited Article XXXVIII(5), under which exco members hold office at the pleasure of the Yang di-Pertuan Besar, and instructed Ismail to submit a new list of candidates under Article XXXVIII(2).

At least two councillors have confirmed receiving the royal letter. Suhaimizan Bizar, who holds the health, unity and information portfolio, said he received it via WhatsApp on Sunday night but declined to comment further.

"I'm also not sure who sent it, I think it was from the palace," he told Malay Mail.

Mohd Fairuz Mohd Isa also confirmed receiving it.

Anwar's audience

Prime Minister Datuk Seri Anwar Ibrahim had an audience with Tuanku Muhriz at Istana Negeri Sembilan in Changkat Persekutuan, Kuala Lumpur, on Monday evening.

He arrived at about 6pm and left nearly an hour later without speaking to the waiting media. Neither the palace nor the Prime Minister's Office disclosed what was discussed.

Former Bar presidents' call

On the same day, 10 former presidents of the Malaysian Bar issued a joint statement recognising Tuanku Muhriz as the sole, lawful and reigning Yang di-Pertuan Besar.

They described the exco's move to remove him as an egregious violation of the Negeri Sembilan constitution and a direct and unlawful assault on the institution of the constitutional monarchy.

No charges or grounds of misconduct had ever been made public, they said, and the Ruler was never notified of any allegation or given the right to be heard. Removal, they said, is strictly governed by Article 10, which requires an inquiry by the Undangs.

"We call on the Federal Government to step in and finally resolve these troubling issues," the statement said.

The signatories were Datuk Mah Weng Kwai, Datuk Kuthubul Zaman Bukhari, Datuk Yeo Yang Poh, Datuk Ambiga Sreenevasan, Ragunath Kesavan, Datuk Lim Chee Wee, Christopher Leong, Datuk George Varughese, Salim Bashir and Karen Cheah Yee Lynn.

Their statement addressed the exco's actions and the April 19 proclamation, and did not deal with the Ruler's revocation of the exco appointments.

Background

On September 15, the exco decided that the instrument of proclamation concerning Tuanku Muhriz's removal was valid and directed that the gazetting proceed. Ismail confirmed the decision had been taken collectively.

The Dewan Keadilan dan Undang declared on September 17 that Tuanku Muhriz remained the lawful Yang di-Pertuan Besar. The Attorney General's Chambers said the same day that the proclamation was invalid because it did not meet the mandatory requirements of Article 10.

Related matters are before the Seremban High Court, where an interlocutory injunction remains in force.