SEPTEMBER 28 — The Second Part of the Laws of the Constitution, Negeri Sembilan, 1959 is on “The Machinery of Government”.
After a Chapter on “Preliminary”, Chapter 2 makes provisions on “Executive”. The first Article in the Chapter is Article 35 on “Executive Authority”. Clause (1) reads as follows:
“The executive authority of the State shall be vested in the Ruler and exercisable, unless otherwise provided by the Federal Constitution or this Constitution, by His Highness or by the State Executive Council or any member of the State Executive Council, authorised by the State Executive Council, but executive functions may by law be conferred on other persons or authorities.”
The above provision, like many others, cannot be read on its own. It has to be read with Articles 28(1), 34(1) and 38.
Under Article 28(1), the word “Ruler” means His Highness and the Ruling Chiefs who are available and holding office at the material time.
Under Article 34(1), the word “His Highness” means the Yang di-Pertuan Besar while the term “Ruling Chiefs” means the four Undangs and the Tengku Besar of Tampin.
Article 38 is on “State Executive Council”. Clause (1) says the Ruler shall appoint an Executive Council. Clause (2) provides that the Ruler shall first appoint a Menteri Besar to preside over the Executive Council and thereafter at least four members of the Executive Council.
Let’s come back to Article 35(1). The executive authority of the State shall be vested in the Ruler and exercisable by His Highness or by the Executive Council. (Emphasis added)
If not by the Executive Council led by the Menteri Besar, the executive authority of the State is exercisable by the Yang di-Pertuan Besar.
It is no surprise that Barisan Nasional chairman Datuk Seri Ahmad Zahid Hamidi has urged Menteri Besar Datuk Ismail Lasim to seek an audience with Yang di-Pertuan Besar.
Tuanku Muhriz Tuanku Munawir is specifically named the Yang di-Pertuan Besar.
Not Tunku Nadzaruddin Tuanku Ja’afar who Ismail and his state executive councillors sought to meet on Sept 23.
Zahid, who is also Umno president, said he had asked Ismail to seek an amicable solution in accordance with the State Constitution and state customs.
The people must be prioritised and not victimised, Zahid said.
Heed the call.
* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.
