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Tuanku Muhriz had constitutional power to revoke 10 Exco appointments: AG

Tan Sri Mohd Dusuki cites Article 38(5) of the Negeri Sembilan Constitution 1959

2:06 PM MYT

 

KUALA LUMPUR – The revocation of the appointments of 10 Negeri Sembilan executive councillors (Exco) by the Yang di-Pertuan Besar Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, is valid under the Negeri Sembilan Constitution 1959, the Attorney-General said.

Tan Sri Mohd Dusuki Mokhtar said the decision 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 permits.

He said the gazette revoking the appointments took effect on Sept 20 and was part of a procedure provided for under state law.

“This gazette is a standing procedure.

“Based on the gazette under Article 38(5) of the Negeri Sembilan Constitution 1959, an Exco member other than the Menteri Besar holds office for as long as it is permitted by Tuanku Muhriz,” he told Sinar Harian today.

The revocation involved the 10 Exco members who had taken 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 alleged actions by the Exco members that were inconsistent with their oath of allegiance.

The Negeri Sembilan Palace had announced on Sept 20 that Tuanku Muhriz had revoked all 10 appointments with immediate effect.

The Attorney-General also reiterated the Attorney-General’s Chambers’ (AGC) earlier position that the Menteri Besar and Negeri Sembilan Exco do not have unilateral authority to terminate or vacate the position of the Yang di-Pertuan Besar.

The AGC also clarified that the Exco do not have the legal authority to suspend the State Secretary or State Legal Adviser, as both positions fall under the jurisdiction of the Public Service Commission and the Judicial and Legal Service Commission respectively.

The latest clarification comes amid an ongoing dispute over the legality of the revocation of the Exco appointments and the wider administrative crisis in Negeri Sembilan.

There have been differing views from the state government and other parties over the interpretation of Article 38(5), particularly on whether the revocation of an Exco appointment requires the advice of the Menteri Besar.

Mohd Dusuki, however, maintained that the provision stipulates that an Exco member remains in office only for as long as the Yang di-Pertuan Besar permits.

Meanwhile, Prime Minister Datuk Seri Anwar Ibrahim said he would not interfere in matters concerning the position of the Yang di-Pertuan Besar of Negeri Sembilan, stressing that any dispute involving the royal institution should be resolved according to the Constitution and the law.

He said Malaysia’s constitutional monarchy meant that any action involving a Ruler could not be taken arbitrarily and must comply with constitutional provisions.

“I said I am not interfering. What am I interfering in? The Undangs made a decision. There are parties supporting them and giving their views, and there is no problem with that. I do not want to interfere.

“But even with the Undang, which is valid, which is invalid? Decide and resolve that,” he said during his speech at the Sebarkan Salam dan Pendang Berselawat Bersama Datuk Seri Anwar Ibrahim programme here tonight.

Anwar said matters involving a Ruler should not be treated lightly, given that Malaysia’s system of constitutional monarchy places the royal institution within a constitutional framework.

He said any move to remove or depose a Ruler was subject to the conditions and procedures stipulated under the relevant state Constitution.

“Discuss it amicably. I do not agree with overthrowing a Ruler so easily. Our system cannot work that way, which is why the Constitution is very clear,” he said.

Anwar also said the Prime Minister and Cabinet were subject to constitutional limits and could not arbitrarily alter matters concerning the institution of the Malay Rulers.

“The Prime Minister is the chief executive administering the country. What is his limit? He cannot amend the Constitution regarding Islam, the Malay language, the rights of all Malays and the Rulers,” he said.

He said the constitutional monarchy system must be protected to ensure it was not weakened by actions taken outside the proper constitutional process.

“If we can bring down a Ruler so easily, the royal system will cease to exist in our country. But I understand the people, especially the Malays, and many Malaysians, including the Chinese and Indians, also do not want this system to be threatened,” he said.

Anwar said the dispute should not be viewed solely through a political lens, as it also concerned the constitutional system governing the country.

“If we, as Malays, are divided even over the Malay Rulers as a pillar of our system, how can we expect others to respect us? This is our problem, because hatred, anger and differences of opinion have caused us to lose our judgement and our senses,” he said.

At the event, Anwar also announced an additional RM2.8 million allocation to repair basic infrastructure at 14 Islamic educational institutions in Kedah. – September 26, 2026

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