Refusal to gazette proclamation: Insubordination? — Hafiz Hassan

SEPTEMBER 20 — The Public Officers (Conduct and Discipline) Regulations 1993 [PU(A) 395/1993] apply to a member of the public service of the Federation (referred to as an officer).

PART II of the Regulations provides for the Code of Conduct for all officers. Under Regulation 4(1) an officer shall at all times give his loyalty to the Yang di-Pertuan Agong, the country and the Government.

Regulation 4(2) then sets out what an officer shall not do – paragraphs (a) – (j).

Under paragraph (i), an officer shall not “be insubordinate or conduct himself in any manner which can be reasonably construed as being insubordinate”.

What is insubordination?

In OP Malhotra’s The Law of Industrial Disputes (6th Edn Vol. 2 at page 1153), the learned author explained the word as follows:

“The word ‘insubordination’ means unwillingness to submit to authority; disobedience to orders; infraction of rules, or generally disaffected attitude towards authority. The Concise Oxford Dictionary gives the meaning of ‘insubordination’ as ‘disobedient’, rebellious’. The two meanings given by the dictionary do not mean that only a rebellious conduct would amount to insubordination but even disobedient conduct would amount to insubordination.

“The Random House Dictionary gives the meaning of ‘insubordination’ as ‘not submitting to authority; disobedient, one who is insubordinate’. These meanings would indicate that any person who is ‘disobedient’ becomes ‘insubordinate’ and his conduct amounts to ‘insubordination’.”

In simple words, insubordination is a refusal to subordinate oneself to authority. But it does not follow that a mere failure to obey an order amounts to insubordination.

The Negeri Sembilan State Secretariat building in Seremban. The state secretary’s office has said it will not gazette the April 19, 2026 proclamation after the Attorney General’s Chambers deemed it invalid. — Picture by Yusof Isa

The elements of insubordination were set out in a recent High Court case of Muehbaeur Technologies Sdn Bhd V. Chan Shee Chuen  [2022] where Judicial Commissioner Quay Chew Soon (as he then was) said that for insubordination to arise, the following elements must be present:

(a)     the superior must have issued a lawful instruction;

(b)    the instruction was conveyed to the subordinate; and

(c)     the subordinate had disobeyed or failed to have complied with the lawful instruction.

That the superior must have issued a lawful instruction is fundamental.

So, can the Negeri Sembilan State Secretary (SUK) be said to be in insubordination when he refused to take any action to gazette or enforce the April 19, 2026 proclamation regarding the position of the Yang Di-Pertuan Besar Tuanku Muhriz Tuanku Munawir?

The SUK’s office has asserted that the decision not to gazette the proclamation “aligned with the Attorney General’s Chambers (AGC) ruling that the proclamation was invalid, rendering any gazettement unconstitutional”.

“Furthermore, there is no legal basis for the State Executive Council (MMKN) members to rely on the proclamation dated April 19, 2026 for their announcement,” the office said.

The fundamental element of insubordination is arguably absent.

Accordingly, there cannot be insubordination.

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