Negeri Sembilan Menteri Besar Datuk Seri Ismail Lasim said the state’s existing executive councillors (Exco) remain in office, arguing that any termination of their appointments without his advice or formal request has no legal effect.
In a statement today, Ismail said his position was based on his interpretation of the Laws of the Constitution of Negeri Sembilan 1959 (UUTKNS), particularly Articles 38(4), 38(5) and 40(1).
He said Article 40(1) required the Yang di-Pertuan Besar to act on the advice of the Menteri Besar and the State Executive Council in exercising executive functions.
Ismail also said the Ruler’s discretionary powers under Article 40(2) were limited to matters expressly provided for, and did not include the unilateral power to terminate an EXCO member’s tenure.
“The power of the Ruler to consent to the tenure of an EXCO member under Article 38(5) cannot be read separately. It must be read together with Articles 38(4) and 40(1),” he said.
He said any termination or change in the EXCO line-up during an ongoing administration could only take effect on the advice or formal request of the Menteri Besar.
Ismail said he had never been consulted or advised on the termination of any Negeri Sembilan EXCO member under Article 38(5).
He therefore said there was no need to submit a new list of EXCO members as the existing line-up remained valid and would continue carrying out its duties as usual.
His statement followed the Negeri Sembilan palace’s announcement that the appointments of 10 EXCO members had been revoked with immediate effect after they were found to have breached their oath of office.
Ismail said the state government would continue to uphold the Constitution to ensure administrative stability and protect the people’s mandate in accordance with the law.
