The Yang di-Pertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, has revoked the appointments of all state executive councillors with immediate effect, citing a breach of their oath of office.
In a statement issued by Istana Besar Seri Menanti on 20 September, the palace cited Article XXXVIII(5) of the Laws of the Constitution of Negeri Sembilan 1959, which states that an exco member, other than the menteri besar, holds office at the pleasure of the Yang di-Pertuan Besar.
“His Royal Highness the Yang di-Pertuan Besar of Negeri Sembilan Darul Khusus has revoked the appointment of Members of the State Executive Council, Negeri Sembilan with immediate effect for violating their oath of office,” the statement said.
The exco members had taken and signed an oath and pledge of allegiance before Tuanku Muhriz on 7 August, prior to their appointment to the council. They pledged allegiance to the Ruler and the royal institution, undertaken to protect and preserve the sovereignty of the Negeri Sembilan Constitution, and acknowledged the authority vested in the Dewan Keadilan dan Undang, Malay Mail reported.
“They have breached that oath by their actions and statements on 15 September,” the statement said. Each affected member had been individually informed of the revocation in writing.
The 15 September meeting was the one at which the state exco unanimously decided on an Instrument of Proclamation concerning Tuanku Muhriz’s removal and instructed the state secretary to proceed with its gazettement, according to Menteri Besar Datuk Ismail Lasim. The state government had collectively decided that the proclamation removing Tuanku Muhriz was valid, Bernama reported.
Ismail has been directed to submit a list of candidates for a new State Executive Council for Tuanku Muhriz’s consideration and consent, pursuant to Article XXXVIII(2) of the state constitution. The Ruler also expects the menteri besar to ensure the administration of Negeri Sembilan continues without interruption and that public interests are safeguarded during the transition.
The revocations come amid a constitutional dispute over Tuanku Muhriz’s position. The Dewan Keadilan dan Undang said on 17 September that Tuanku Muhriz remained the lawful Yang di-Pertuan Besar and that there was no vacancy in the position. It also said the state exco and state government had no jurisdiction to determine the validity of the proclamation or the Ruler’s position.
The Attorney General’s Chambers later said the 19 April proclamation concerning Tuanku Muhriz’s removal was invalid because it did not comply with the mandatory requirements of Article 10 of the state constitution. The AGC also said there was no evidence that any of the disqualification grounds under Article 10(1) applied to Tuanku Muhriz, and that the menteri besar and state exco had no unilateral power to remove him or declare the office vacant.
Any attempt to gazette or implement the proclamation would be unconstitutional and invalid, the AGC said, noting that the matter was before the High Court in Seremban, where an interlocutory injunction remained in force.
