KUALA LUMPUR (Sept 21): Negeri Sembilan Menteri Besar (MB) Datuk Seri Ismail Lasim said on Monday he was not consulted or advised on the termination of the state’s ten executive council (exco) members.
This comes after Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir revoked the appointments of the ten exco members and instructed Ismail to submit new names to the palace for appointment to the state exco.
In a statement, Ismail said the Negeri Sembilan State Constitution (UUTKNS) 1959 provides that any termination or change in the position of an exco member during the administration can only take effect upon the advice or formal request of the MB.
He cited Article 40(1), which provides that the Yang di-Pertuan Besar shall act on the advice of the state exco and the MB in exercising executive functions.
Ismail said the ruler’s discretionary powers in state administration were limited to matters expressly provided for under Article 40(2), and did not include the unilateral power to terminate an exco member’s tenure.
Article 40(2) sets out specific matters in which the ruler may exercise discretion, including the appointment of the MB and withholding consent to a request to dissolve the Legislative Assembly.
Ismail said Article 38(5), which governs the tenure of exco members, should be read together with Articles 38(4) and 40(1).
Article 38(5) states that an exco member, other than the MB, holds office at the ruler’s pleasure, while also providing that the appointment may be revoked by the ruler on the advice of the MB.
Meanwhile, Article 38(4) states that if the MB ceases to command the confidence of a majority of the Legislative Assembly, he must tender the resignation of the exco unless the ruler dissolves the assembly at his request.
Thus, Ismail said any action to terminate an exco member without the advice or request of the MB would constitute a legal error, be unconstitutional and have no legal effect.
“As such, there is no need to submit a new list of exco members as the existing exco members remain valid and will continue to perform their duties as usual,” he said.
Ismail said the Negeri Sembilan government would continue to uphold the supremacy of the state constitution to ensure administrative stability and preserve the people’s mandate in accordance with the law.
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