Refusal to gazette proclamation: Insubordination? — Hafiz Hassan

On September 20, the Public Officers (Conduct and Discipline) Regulations 1993 were highlighted, outlining the Code of Conduct for public service officers. Regulation 4(1) obliges officers to remain loyal to the Yang di-Pertuan Agong, the nation, and the government, while Regulation 4(2) lists actions that officers must not undertake, including insubordination.

Insubordination, as per legal experts, denotes unwillingness to obey authority, disobedience of orders, and a disaffected attitude towards those in charge. The Random House Dictionary adds that it involves failing to submit to authority, making any person who is disobedient an insubordinate individual.

To qualify as insubordination, certain elements must be present. In a recent High Court case, Judicial Commissioner Quay Chew Soon outlined these elements: a lawful instruction from a superior, the instruction being communicated to the subordinate, and the subordinate's disobedience or non-compliance. The Negeri Sembilan State Secretary (SUK) was questioned over his refusal to take action on the April 19, 2026 proclamation concerning the Yang Di-Pertuan Besar Tuanku Muhriz Tuanku Munawir.

The SUK's office claimed that the proclamation's invalidity, as ruled by the Attorney General's Chambers, made any gazetting constitutionally unlawful. Moreover, they argued that there was no legal basis for the State Executive Council members to rely on the proclamation for their announcement.

Given that the fundamental element of lawful instruction was missing, it was argued that there was no insubordination. This perspective is the personal opinion of the author and not necessarily the viewpoint of Malay Mail.