Lawyer: State executive council has no power to suspend Negri top officials

A lawyer has stated that suspending the Negri Sembilan state secretary and state legal adviser by the state executive council is invalid and has no legal effect. The lawyer, Muhammad Hariz Md Yusoff, claims that the state executive council has no authority over the state secretary and legal adviser, as their appointments come from the Public Service Commission, not the Menteri Besar or the state executive council.

He urges important government officials not to enforce the suspension notices, arguing that they were issued by an authority lacking jurisdiction. Article 144(1) of the Federal Constitution states that the power to appoint, promote, transfer, and exercise disciplinary control over public service members lies with the relevant service commission.

Suspension is an administrative and disciplinary action that can only be taken by the lawful disciplinary authority. The state executive council is neither the service commission nor the disciplinary authority, according to Hariz. He maintains that state secretary Datuk Mohd Zafir Ibrahim and state legal adviser Datuk Muzalamah Mustapha Kamal should remain in their positions.

The fact that suspension notices are sent to certain government officials indicates that the authority over these positions lies elsewhere, not with the state executive council. Hariz further explains that placing civil servants under the Public Service Department ensures they can act without fear or favor. Acting against officers who comply with the Attorney-General's Chamber's advice undermines this principle.

Any power, even if it exists, exercised for an improper purpose could be declared invalid. Civil servants in the state should continue receiving instructions from the lawful state secretary and legal advice from the lawful state legal adviser. Actions based on instructions from those appointed under the current resolution could be challenged in court and expose officers to disciplinary risks.