Tuanku Muhriz's exco appointment revocation remains in force, says lawyer

KUALA LUMPUR: Yang di-Pertuan Besar of Negri Sembilan Tuanku Muhriz Tuanku Munawir has a clear constitutional basis to revoke the appointments of state excos, according to a lawyer representing the Undang of Rembau.

Muhammad Hariz Md Yusoff said this in response to statements by the Negri Sembilan Menteri Besar Datuk Ismail Lasim and lawyer Emirul Sarifudin Nor Azmi, who had argued that the revocation was invalid.

Hariz said Article 38(5) of the Laws of the Constitution of

Negri Sembilan 1959 specifically governed an executive council member's tenure and the revocation of their appointment.

"In simple terms, an executive council member other than the menteri besar holds office for as long as it remains at the pleasure of the Yang di-Pertuan Besar.

"The Yang di-Pertuan Besar may withdraw his pleasure at any time.

"However, the member's appointment may also be revoked by the Yang di-Pertuan Besar if the menteri besar advises him to do so.

"In any event, any member of the council may resign at any time," he said in a statement today.

Hariz said this meant an exco member's appointment could end in three ways; when the ruler withdrew his consent, when the ruler revoked the appointment on the advice of the menteri besar, or when the member resigned.

"With the withdrawal of royal consent and the revocation of the appointments, Tuanku's position is that the services of the exco members concerned ended with immediate effect," he said.

Hariz, who represents the 22nd Undang of Luak Rembau Hassan Ab Hamid, said Article 38(5) did not state that an exco member held office at the pleasure of the menteri besar.

He said Tuanku Muhriz's order did not affect the menteri besar's position and that the ruler had instructed him to submit a new list of exco candidates under Article 38(2).

"His Royal Highness' order does not affect the position of the menteri besar.

"The state administration has not come to a halt. The menteri besar is urged to comply with His Royal Highness' order," he said.

Hariz said the menteri besar's refusal to submit a new list could be viewed as refusing to comply with the ruler's decision and instruction, and as a serious matter affecting their constitutional relationship.

He said the menteri besar's position that the previous exco line-up remained valid was based on his own interpretation of Articles 38(4), 38(5) and 40(1).

Hariz also disputed arguments that Article 40 required the ruler to act on advice in revoking the appointments, saying Article 38(5) specifically governed the tenure of exco members.

He maintained that Tuanku Muhriz's order remained in force and that those whose appointments were revoked no longer held office as exco members.