OCTOBER 8 — Ten Negeri Sembilan assemblymen who previously served as state executive councillors (excos) have struck back.

They have gone to court to challenge the revocation of their appointments as excos last month, naming the state secretary and the state government as defendants in their originating summons (OS).

An OS is a mode of commencing proceedings in the civil courts.

Essentially an application, the OS seeks no fewer than 12 court orders, including declarations that:

  • the power to revoke an exco’s appointment must follow the requirements and procedures in the State Constitution;
  • the Ruler cannot revoke an exco’s appointment on his own, or at his pleasure alone, without the Menteri Besar (MB)’s advice;
  • the revocation, which was gazetted by the state secretary, is null, void and ineffective as the State Constitution requires the MB’s advice for such a revocation.

The 10 plaintiffs also seek the court’s determination of constitutional questions concerning the power to revoke the appointments of exco members.

Under Article 38(5) of the State Constitution, an exco member other than the MB holds office “at the Ruler’s pleasure, unless the appointment of any member of the Executive Council shall have been revoked by the Ruler on the advice of the Menteri Besar but any member of the Council may at any time resign his office”.

The provision is worded differently from the provision to be inserted in State Constitutions as set out in the Eighth Schedule of the Federal Constitution, which states that “a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler’s pleasure, but any member of the Council may at any time resign his office”.

The author argues that the revocation of 10 Negeri Sembilan executive councillors’ appointments raises constitutional questions over whether the Ruler can dismiss them without the Menteri Besar’s advice. — Pexels pic
The author argues that the revocation of 10 Negeri Sembilan executive councillors’ appointments raises constitutional questions over whether the Ruler can dismiss them without the Menteri Besar’s advice. — Pexels pic

The provision in the Eighth Schedule does not contain the words “unless the appointment of any member of the Executive Council shall have been revoked by the Ruler on the advice of the Menteri Besar”.

The word “unless” is a conjunction that means “except if” or “if not”.

According to the Cambridge Dictionary, the conjunction “unless” is used to mean “except if”, with the clause that follows being a subordinate clause requiring a main clause to form a complete sentence.

For example:

She won’t go unless you go (= If you do not go, she will not go either, but if you go, she will go).

You can’t get a job unless you’ve got the experience (= You can only get a job if you have experience).

Be that as it may, the bigger question is whether the provision must be read together with the constitutional principle that a Ruler acts on advice.

Perhaps it is time for the High Court to determine the constitutional questions concerning the power to revoke the appointments of exco members.

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