KUALA LUMPUR (Nov 2): The Seremban High Court on Monday ruled that the appointment of lawyers in private practice to represent Negeri Sembilan state secretary Datuk Mohd Zafir Ibrahim and the state government is valid under Section 24(3) of the Government Proceedings Act 1956.  

The Negeri Sembilan government and state secretary are being represented by private lawyers instead of the state legal adviser in a civil suit brought 10 executive councilors disputing their sacking by the state ruler.

The state legal adviser had appointed the external counsel, but Menteri Besar Datuk Ismail Lasim, who says the ruler had sacked the excos without his advice, had cancelled the appointments via a letter dated Oct 29.  

On Monday, judge Roz Mawar Rozain ruled there was no legal basis for the excos' concern over the appointment of the private counsel, and affirmed an affidavit from state legal adviser Datuk Muzalmah Mustapha Kamal that the fiats issued to the state government and state secretary's lawyers on Oct 19 and 21 were valid.

“This is in her exercise of the power conferred by Section 24 (3) of the GPA, where the state legal adviser (Muzalmah) has confirmed on affidavit that they remain in force.

“Neither that provision nor the Negeri Sembilan constitution confers the menteri besar any power to revoke such a fiat, and the letters by the MB (Ismail) does not on its terms purport to do so. 

"Any question as to the payment of fees or as to the position of the costs to MB is not for determination in these proceedings. So, this objection is dismissed,” the judge ruled in online proceedings.

Section 24(3) of the GPA governs the right to the appointment of private counsel in civil proceedings involving the government.

The 10 excos had in an affidavit last Friday said the appointment of the private counsel would affect the state's coffers as they had not approved the funds to hire the lawyers. 

The 10 excos are represented by Datuk Mohd Hafarizam Harun, Syed Faisal Al-Edros Syed Abdullah and Tan Sri Azhar Azizan Harun.
Messrs Cyrus Das and Messrs Rashid Zulkifli are representomg Zafir, and Messrs Gan, Ho Razlan Hadri along with Messrs Aris Rizal Christopher Fernando are representing the state government.

However, Muzulmah, in her affidavit, said Ismail was in a conflict of interests in cancelling the appointment of the lawyers as he supported the 10 excos in their bid to challenge their removal.

She said the Negeri Sembilan legal adviser has the right, as conferred under the Attorney General Chambers, to appoint private lawyers to defend state secretary and the state government.

“There is no requirement for the MB to appoint or revoke the appointment. The MB should not also provide a copy of his letter to the 10 exco. In fact, I was not aware of this letter as I was attending a matter in Langkawi.”

“After arriving back, I had to attend to this matter and affirm this affidavit today,” she said.

Razlan Hadri, who appeared with Marisa Yazid Aris Rizal and Mohamad Yazid Mohamad Salim, for the NS government said the issuance of fiat is within Muzalmah’s powers and does not need the MB’s consent.

Abdul Rashid Ismail for Zafir also supported Muzalmah’s position, adding that it was not proper for the plaintiffs (10 former exco’s) to file such a late affidavit.

Roz Mawar also on Monday decided to hear the Negeri Sembilan government’s objection to the originating summons filed by the 10 excos.

The court agreed that the matter of jurisdiction should be decided before Hafarizam’s application for a stay of the High Court proceedings pending the Federal Court's answer to the three sets of constitutional questions with regards to the challenge.

Razlan said that the preliminary objection was on the mode of legal action, as the plaintiff should pursued a judicial review instead of an originating summons.

Roz Mawar fixed Nov 16, to hear the preliminary objection regarding the jurisdiction of the court.  In the event it is dismissed, she would then hear Hafarizam’s application to stay proceedings.

Hafarizam had wanted his stay application to be heard first as the Federal Court is due to hear submissions on the constitutional questions on Dec 16.

Roz Mawar, however, noted that the excos accompanied their originating summons with a certificate of urgency, and, hence, the matter should be disposed off first.

The court had earlier fixed Nov 16 to hear the Negeri Sembilan governemnt’s objection to the 10 excos' challenge.

The Negeri Sembilan imbroglio centres on Tuanku Muhriz’s position as the state ruler, with four customary chieftains, or undangs, proclaiming his removal in April. 

However, the position of the four undangs is also disputed, and others have been appointed to the customary posts. The Dewan Keadilan dan Undang, the body that oversees Negeri Sembilan's Adat Perpatih code of customary governance, also does not recognise the chieftains trying to oust Tuanku Muhriz. 

The dispute dragged in the state's political players, culminating in the state assembly being dissolved for elections to held in August. 

Ismail and the 10 excos took their oaths of office before Tuanku Muhriz after a Barisan Nasional-Perikatan Nasional alliance defeated the previous Pakatan Harapan led-government in the polls.

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