An MB without excos arguably is unconstitutional — Hafiz Hassan

OCTOBER 10 — By a notification in the State Gazette, Yang di-Pertuan Besar of Negeri Sembilan Tuanku Muhriz Tuanku Munawir revoked the appointments of ten state executive councillors (excos) for breaching their oath of loyalty.

The gazette says the revocation takes effect on September 20 and is made under Article 38(5) of the Laws of the Constitution of Negeri Sembilan 1959 (State Constitution), which says an exco member other than the Menteri Besar (MB) holds office at the Ruler’s pleasure.

Such a decision is said to be cloaked with a presumption of legality — that is, the decision is legal unless a case of illegality, among others, has been made out.

In simple words the revocation is legal until the High Court decides otherwise.

Negeri Sembilan Yang di‑Pertuan Besar Tuanku Muhriz Tuanku Munawir (centre) poses for a group photo with assemblymen during the opening of the State Legislative Assembly in Seremban on April 23, 2026. — Picture by Yusof Isa

That is why Attorney General Tan Sri Mohd Dusuki Mokhtar said the ten are only barred from entering the exco rooms and not from state government buildings in their capacity as elected representatives and carry out their duties as assembly persons, particularly to attend to matters involving their constituents.

That is also why I wrote that Datuk Ismail Lasim is an MB without excos.

Like a general without an army.

Like a captain without a crew.

Now, if a Ruler must act on advice, which is a constitutional imperative, then a state must have excos.

Not just an MB.

It must be an MB and at least four excos.

That is a constitutional imperative as well — by reason of Article 38(1) and Article 38(2) of the State Constitution.

The former is a 7-word provision that reads as follows:

“The Ruler shall appoint an Executive Council.”

The latter is much more elaborate and reads as follows:

“The Executive Council shall be appointed as follows, that is to say — 

(a) the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a member of the Legislative Assembly who in His judgment is likely to command the confidence of the majority of the members of the Assembly; and

(b) He shall on the advice of the Menteri Besar appoint not more than ten nor less than four Enactment other members from among the members of the Legislative Assembly,

but if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Legislative Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.”

To put it simply, first there must be an Executive Council. Second the Executive Council must consist of an MB and at least four excos.

The architects or framers of the Federal and State Constitutions made it imperative that there shall be a federal Cabinet and state Executive Councils.

Otherwise, all ministerial or executive powers will be devolved to a federal prime minister or a state MB.

It cannot be the intention of the constitutional framers that such powers are devolved to one man. 

A prime minister without a Cabinet is arguably unconstitutional.

So too an MB without excos.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.