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Sacking of Negeri Sembilan exco members valid, says AG

The gazette on the revocation aligns with Article 38(5) of the state's constitution, says Dusuki Mokhtar.

Sacking of Negeri Sembilan exco members valid, says AG

A constitutional crisis in Negeri Sembilan threatens the nation's rule of law. Proclaiming an emergency or setting up an ad hoc tribunal are unconstitutional and will only cause delays. The Federal Court possesses the inherent power to resolve such crises through suo motu orders. The judicial review mechanism is too slow, requiring multiple appeals before reaching the apex court.

While Article 34 allows the ruler to refer constitutional questions to the Federal Court, the ruler needs the prime minister's advice to initiate this reference. Standard constitutional references are also delayed by the adversarial nature of legal procedures. A suo motu intervention acts as an inquisitorial review, granting judges the power to act immediately in the interest of constitutional justice.

The current constitutional dispute between chieftains and state officials risks fracturing the state's constitutional machinery and disrespecting the Malay rulers. The only viable solution is for the Federal Court to exercise suo motu jurisdiction to deliver swift, definitive rulings.

Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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