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

Former Court of Appeal judge Hishamudin Yunus stated that the Yang Dipertuan Besar of Negeri Sembilan acted within his powers when revoking the appointments of 10 executive council members. The judge, now chairman of the Human Rights Commission of Malaysia, explained that the ruler's constitutional duty to act on the menteri besar's advice does not mean the exco members' appointments could only be revoked on such advice.

Hishamudin emphasized that the ruler's prerogative to revoke the exco members' appointments was justified in this extraordinary and rebellious situation. He noted that the 10 state exco members, after pledging loyalty, unlawfully and unconstitutionally called for the ruler's removal. Hishamudin rejected the idea that the ruler would be legally helpless in such circumstances and could only dismiss the exco members upon the advice of the menteri besar, as the menteri besar had also advocated for the ruler's removal.

The Negeri Sembilan administration officially revoked the exco members' appointments on September 24, with their sackings effective September 20. These actions came a week after the exco members issued a statement claiming the ruler's removal, which was endorsed by the menteri besar the following day. Despite this, the sacked exco members insisted they remained valid officeholders and would continue fulfilling their duties.

Hishamudin highlighted that the ruler's prerogative, as outlined in Article 79 of the Negeri Sembilan state constitution, is preserved alongside Article 38(5), which grants members of the state executive council, other than the menteri besar, office at the ruler's pleasure unless revoked. Hishamudin stressed that the royal prerogative should be exercised sparingly to uphold justice and the rule of law, with courts serving as a check on its usage.

In the context of Negeri Sembilan's ongoing constitutional crisis, the ruler's exercise of the prerogative power was deemed appropriate and wise for the state's benefit, according to Hishamudin.