Current Exco stands, termination not valid – Negeri Sembilan MB

Negeri Sembilan's state government has maintained that the current list of State Executive Council (Exco) members remains valid and will continue to fulfill their duties without change. Menteri Besar Datuk Ismail Lasim explained this position is based on legal interpretation and the boundaries of executive power under the Laws of the Constitution of Negeri Sembilan (UUTKNS) 1959, specifically regarding Exco members' status and tenure.

He pointed out that Negeri Sembilan operates under the principles of Constitutional Monarchy and Parliamentary Democracy, making the Ruler's sovereign authority over state administration contingent on the advice of the Menteri Besar and the Exco.

Under Article 40(1) of UUTKNS 1959, the Yang di-Pertuan Besar must act in line with the Exco's and the Menteri Besar's advice when carrying out administrative functions. Ismail clarified that the Ruler's discretionary power in administration is restricted to matters explicitly detailed in writing under Article 40(2) of the constitution. He emphasized that the ability to unilaterally dismiss or terminate an Exco member's tenure is not part of this discretionary authority.

Ismail explained that the Ruler's power to confirm an Exco member's tenure under Article 38(5) of UUTKNS 1959 cannot be interpreted in isolation. It must be considered alongside Article 38(4) and Article 40(1). Based on this interpretation, any termination or change in the Exco lineup while the administration is in office can only be legitimate if it receives the Menteri Besar's advice or official request.

He stressed that any attempt to dismiss or remove an Exco member without the Menteri Besar's consent is legally incorrect, unconstitutional, and lacks legal validity. Ismail further pointed out that the Menteri Besar was not consulted or consulted regarding the dismissal of any Negeri Sembilan State Government Exco member, in line with Article 38(5) of the Negeri Sembilan Constitution.