NS ruler acted within powers in revoking exco appointments, says ex-judge

The Yang Di Pertuan Besar of Negeri Sembilan acted within his constitutional powers when he revoked the appointments of 10 state executive council members, according to former Court of Appeal judge Hishamudin Yunus. The 10 members were appointed by the ruler after pledging an oath of loyalty, but then illegally and unconstitutionally called for the ruler's removal.

Former judge Hishamudin stated that the situation was extraordinary and rebellious, and the ruler had the royal prerogative to act in such circumstances. The Negeri Sembilan administration revoked the appointments on September 24, with effect from September 20, following the members' statement endorsing the ruler's removal. Despite the ruler's removal being advocated by the state's menteri besar, Hishamudin emphasized that the ruler's prerogative does not mean that an exco member's appointment can only be revoked upon such advice.

According to Article 79 of the Negeri Sembilan state constitution, a member of the state executive council, other than the menteri besar, holds office at the ruler's pleasure unless the member's appointment is revoked by the ruler on the advice of the menteri besar. Hishamudin clarified that the ruler's constitutional duty to act on the menteri besar's advice does not mean that exco members' appointments can only be revoked on such advice, irrespective of the circumstances.