NS ruler acted within powers in revoking exco appointments, says ex-judge

The Yang Dipertuan Besar acted within his powers in revoking the appointments of 10 Negeri Sembilan executive council members, according to former Court of Appeal judge Hishamudin Yunus.

Hishamudin, who is now chairman of the Human Rights Commission of Malaysia, said Tuanku Muhriz Tuanku Munawir had the royal prerogative to revoke the exco members’ appointments when faced with such an “extraordinary and rebellious situation”.

“The 10 state exco members whom he appointed, after pledging an oath of loyalty, illegally and unconstitutionally called for Tuanku Muhriz’s removal as the state ruler. An unthinkable conduct,” he said in a statement.

Hishamudin said it would be “absurd” to suggest that under such circumstances the state ruler was legally helpless and could only dismiss the exco members upon the advice of the menteri besar, when the menteri besar himself had also advocated his removal.

The Negeri Sembilan administration gazetted the revocation of the exco members’ appointments on Sept 24, with their sackings effective Sept 20.

Their sackings came a week after they issued a statement purportedly affirming Tuanku Muhriz’s removal as Yang Dipertuan Besar. Menteri besar Ismail Lasim endorsed the statement a day later.

Ismail, however, insisted that the sacked exco members remained valid officeholders and would continue carrying out their duties.

Ruler’s prerogative preserved

According to Hishamudin, the royal prerogative of the ruler is preserved in Article 79 of the Negeri Sembilan state constitution, read with Article 38(5).

Under Article 38(5), a member of the state executive council, other than the menteri besar, shall hold office at the ruler’s pleasure unless the member’s appointment has been revoked by the ruler on the advice of the menteri besar.

Article 79 sets out that unless expressed otherwise, the constitution shall not affect the prerogative, powers and jurisdiction of the Yang Dipertuan Besar and the ruling chiefs.

Hishamudin said the ruler’s constitutional duty to act on the menteri besar’s advice did not mean that an exco member’s appointment could only be revoked on such advice, regardless of the circumstances.

“That interpretation would mean that in the absence of such advice by the menteri besar, members of the state exco are at liberty to violate their oaths of office, and can commit acts of treason and sedition against the state ruler with impunity.

“Such an interpretation cannot be correct and would only lead to anarchy,” he said.

He said the royal prerogative of a constitutional monarch is inherent in modern constitutions to deal with unusual and pressing situations, but should be exercised sparingly to uphold justice and the rule of law.

“Of course, there have to be checks and balances: the use of the power of prerogative will be controlled by the courts.

“In the context of the current Negeri Sembilan constitutional crisis, royal prerogative power was appropriately and wisely exercised by the ruler for the good of the state,” Hishamudin said.

Subscribe to our newsletter and get news delivered to your mailbox.