The Attorney-General says Tuanku Muhriz’s revocation of 10 Negri Sembilan Exco appointments was valid under Article 38(5) of the state Constitution.
PETALING JAYA: The revocation of the appointments of 10 members of the Negri Sembilan State Executive Council (Exco) by Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir is valid under the Negri Sembilan Constitution 1959, said Attorney-General Tan Sri Mohd Dusuki Mokhtar.
Mohd Dusuki said the revocation was made under Article 38(5) of the state Constitution, which provides that an Exco member, other than the Menteri Besar, holds office for as long as the Yang di-Pertuan Besar retains his consent.
He said the state gazette revoking the appointments took effect on Sept 20 and was part of the standard procedure under state law.
“This gazette is standard procedure. Under Article 38(5) of the Negri Sembilan Constitution 1959, an Exco member other than the Menteri Besar holds office for as long as he is retained in His Royal Highness’s confidence,” he told Sinar Harian today.
The revocation affects all 10 Exco members who took and signed their oaths of office and allegiance before Tuanku Muhriz on Aug 7.
They are Datuk Mohd Faizal Ramli, Datuk Zaifulbahri Idris, Datuk Mustapha Nagoor, Siow Kong Choon, Siti Nur Umaira Hasim, Datuk Mohd Asna Amin, Datuk Mohd Razi Mohd Ali, Suhaimizan Bizar, Mohd Fairuz Mohd Isa and Datuk Razali Abu Samah.
Mohd Dusuki said the appointments were revoked after Tuanku Muhriz withdrew his consent following allegations that the Exco members had breached their oaths of allegiance.
On Sept 20, Istana Negri Sembilan announced that Tuanku Muhriz had revoked the appointments of all 10 Exco members with immediate effect.
The Attorney-General also said the Attorney-General’s Chambers (AGC) had consistently maintained that the Menteri Besar and the state Exco had no unilateral power to remove or declare vacant the position of Yang di-Pertuan Besar.
Separately, the AGC clarified that the Exco also had no legal authority to suspend the state secretary or state legal adviser, as the two positions fall under the jurisdiction of the Public Services Commission and the Judicial and Legal Service Commission respectively.
Mohd Dusuki’s latest statement comes amid an ongoing dispute over the legality of the Exco revocations, which has become a central issue in the administrative crisis in Negri Sembilan.
The state government and other stakeholders have previously offered differing interpretations of Article 38(5), particularly over whether the revocation of Exco appointments requires the advice of the Menteri Besar.
However, Mohd Dusuki maintained that the provision clearly makes an Exco member’s tenure contingent on the continued consent of the Yang di-Pertuan Besar.
