PUTRAJAYA (Oct 23): The 10 Negeri Sembilan executive councillors' constitutional challenge to their expulsion by Yang di Pertuan Besar Tuanku Muhriz Tuanku Munawir will be heard in the Federal Court on Dec 16.
This was confirmed by the exco’s counsel Datuk Mohd Hafarizam Harun of Messrs Hafarizam Wan & Aisha Mubarak, following case management late on Friday, where a certificate of urgency was also brought to Chief Justice Tun Wan Ahmad Farid Wan Salleh’s attention.
“The court has fixed the hearing of this motion on Dec 16 where parties are directed to file and finish filing their affidavits by Nov 19. The written submissions are to be filed by Nov 26 and reply if any by Dec 1,” he said when contacted.
The case management was done before Federal Court deputy registrar Azaraorni Abd Rahman. Norhazira Abu Hayan from Hafarizam’s law firm was present during the case management, which was supposed to be on Wednesday but was rescheduled to Friday.
The 10 are Datuk Mohd Faizal Ramli, Datuk Zaifulbahri Idris, Datuk Mustapha Nagoor, Siow Kong Choon, Siti Nur Umaira Hasim, Datuk Mohd Asna Amin, Datuk Mohd Razi Mohd Ali, Suhaimizan Bizar, Mohd Fairuz Mohd Isa and Datuk Razali Abu Samah. They had named the state secretary Datuk Mohd Zafir Ismail and the Negeri Sembilan government as respondents
Mohd Zafir has appointed Messrs Rashid Zulkifli while the Negeri Sembilan government would be represented by Messrs Aris Rizal Christopher Fernando.
Both Abdul Rashid Ismail of Messrs Rashid Zulkifli and Marisa Regina Aris Rizal of Messrs Aris Rizal Christopher Fernando confirmed their appointments when contacted by The Edge.
Earlier this week, the 10 excos filed a motion for the apex court to determine three sets of questions on the constitutionality of their removal, which was gazetted on Sept 24.
They had also filed an originating summons in Negeri Sembilan High Court on Oct 5 to challenge whether Tuanku Muhriz could remove them without the advice of Menteri Besar Datuk Ismail Lasim
DKU wants to intervene and NS govt to oppose High Court bid
In a related development, the Seremban High Court was informed that the Dewan Keadilan dan Undang (DKU) — the customary body that oversees Negeri Sembilan's Adat Perpatih code of governance — and its secretary Raja Norazli Raja Nordin have applied to intervene in the 10 excos' suit.
It is understood the Negeri Sembilan government will make a preliminary objection.
This was revealed during case management of the originating summons before judge Roz Mawar Rozain late on Wednesday afternoon.
In that matter, Abdul Rashid and Marissa Regina will also represent their clients.
Marisa, when contacted, informed that Roz Mawar has fixed Nov 2 to hear the DKU and Raja Norazli’s application to intervene.
“Roz Mawar has also fixed Nov 16 to hear the Negeri Sembilan government’s preliminary objection to the 10 excos' suit,” she said.
The 10 excos claim that Article 38 (5) of the Negeri Sembilan constitution, read together with Articles 40(1), 40(1A) and 40(2), requires that the ruler consult the menteri besar before removing an exco member.
They had also filed a notice of motion on Oct 16 on the three sets of questions of law for determination by the Federal Court on whether their sacking was constitutional.
Separately, the DKU and Raja Norazli are also seeking the court's permission to initiate contempt proceedings against the 10 excos, Ismail and six customary chieftain for violating a June 5 order preserving the status quo in Negeri Sembilan until the courts make a final determination. The six chieftains include four undangs who are seeking to dethrone Tuanku Muhriz.
It is to be noted that Tuanku Muhriz had last week installed Datuk Azrin Khairi as the 17th Undang of Jelebu. Sometime before that, he had also installed Datuk Muhammad Faris Johari as the new Undang of Sungai Ujong and Datuk Hassan Abd Hamid as the Undang of Rembau, while Muhammed remains the Undang of Johol.