Exco N Sembilan tak boleh gantung tugas pegawai kanan, kata peguam
Hariz Yusoff yang juga mewakili Undang Luak Rembau berkata, hanya SPA mempunyai kuasa gantung tugas penjawat awam.
Peguam Hariz Yusoff argued that the special meeting of the Negeri Sembilan State Legislative Assembly (exco) was invalid due to the appointment of 10 exco members being cancelled by the Yang Di Pertuan Besar on Sunday. (Photo: Bernama) PETALING JAYA: A lawyer challenged the authority of the Negeri Sembilan State Legislative Assembly (exco) to remove trustworthiness to state government Zafir Ibrahim and legal adviser Muzalmah Mustapha Kamal.
Hariz, who also represented Rembau District, claimed both individuals remained in their respective positions as the exco of the state did not have direct control over the state government's trustworthiness or legal advisers. According to Hariz, the national constitution clearly states that appointments to both positions are made by the Public Services Department (SPA), not the chief minister or exco of the state.
He added that the Federal Government itself stated that SPA is responsible for controlling matters of appointments, promotion, transfer and disciplinary action of civil servants. The statement from the Chief Minister himself confirmed this, stating that the trustworthiness of the new state government will be appointed by the head of state and legal adviser will be appointed by the Attorney General's Department.
This is a clear admission that neither position is under the control of the exco. Hariz also argued that the special exco meeting that decided the appointment was invalid due to the appointment of 10 exco members, excluding the chief minister, being cancelled by the Yang Di Pertuan Besar on Sunday. The confirmation from the Chief Minister that the exco member positions still remain and are valid is solely his own judgment.
Later today, Ismail announced the appointment of Zafir and Muzalmah, with State Financial Officer Masli Razali and lawyer Fahmi Adilah respectively, to take on those roles for the interim period. This development followed the administration of Negeri Sembilan's refusal to continue the Chief Minister's request to declare Tuanku Muhriz Tuanku Munawir's throne as removed.
Hariz also questioned the appointment of Fahmi, asserting that a private lawyer cannot be appointed as the legal adviser of the state, even temporarily. "The position of legal adviser to the state is a constitutional position filled from the relevant public service, he said. The lawyer further urged Negeri Sembilan officials to continue following the instructions of Zafir as the trustworthiness of the state government, while stating that the exco's recent decision can be challenged in court.
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- Exco N Sembilan tak boleh gantung tugas pegawai kanan, kata peguam freemalaysiatoday.com