SEPTEMBER 22 — Negeri Sembilan Menteri Besar Datuk Ismail Lasim said yesterday that the state's executive councillors (excos) remain in office, arguing that the Yang di-Pertuan Besar cannot remove them without his advice.
In a statement a day after the palace announced it had revoked the appointments of all excos, Ismail said the state's administrative system rests on constitutional monarchy and parliamentary democracy.
“Based on Part Two of the UUTKNS 1959, the sovereign power of the Ruler in matters of state administration shall be exercised on the advice of the YAB Menteri Besar and the State Executive Council,” he said, citing Article 40(1) of the Laws of the Constitution of Negeri Sembilan (UUTKNS).
There are seven Chapters in Part Two of the UUTKNS 1959. Chapter 2 is on the Executive. The Chapter has 11 Articles — that is, Articles 35 to 44, including Article 39A which was amended into the UUTKNS in 1965.
Article 40 is rightly cited by Ismail as providing for the Ruler to act on advice.
But let’s not forget Article 37 on Appointment of State Secretary, Legal Adviser and Financial Officer. Clause (1) says there shall be constituted the offices of State Secretary, State Legal Adviser and State Financial Officer; and the appointments thereto shall be made by the appropriate Service Commission from amongst members of any of the relevant public services.
Clause (2)(b) says the State Legal Adviser shall advise on legal matters referred to him by the Yang di-Pertuan Besar or the State Government.
Under Clause (3), the State Secretary, Legal Adviser and Financial Officer official shall have the right to take part in the proceedings of the State Executive Council and the Legislative Assembly and may be appointed to any Committee thereof but shall not have any vote in the State Executive Council or the Legislative Assembly or in any such Committee.
The State Legal Adviser must have rendered his legal advice to the Yang di-Pertuan Besar in respect of the latter’s revocation of the appointments of the excos with immediate effect for breaching their oath of office through their actions and statements on September 15.
The same legal adviser should be advising the State Government headed by Ismail on the legal matter.
So, it is curious that Ismail should say that the Yang di-Pertuan Besar “cannot remove [the excos] without his advice”.
Who is advising Ismail?
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.