Pemerintah N Sembilan bertindak dalam bidang kuasa batal lantikan exco, kata bekas hakim

Former High Court judge Hishamudin Yunus disclosed that the actions of the Negeri Sembilan government in dismissing 10 exco members were within its royal prerogative. The judge, now the president of the Human Rights Commission of Malaysia (Suhakam), emphasized that the decision to dismiss the exco members was not based on the advice of the chief minister.

As per the Constitution of the State of Negeri Sembilan (UUTKNS), the chief minister can dismiss an exco member with the chief minister's advice. However, Hishamudin clarified that this does not mean the exco member can only be dismissed on the advice of the chief minister, regardless of the situation.

The dismissal of the 10 exco members who swore an oath of allegiance to the chief minister was deemed invalid and against the Constitution. Hishamudin stated that such a tafsir (interpretation) would lead to anarchy and would allow exco members to act against the chief minister without facing any consequences. He emphasized that such an interpretation is incorrect and would only result in chaos.

Hishamudin argued that the royal prerogative is a necessary mechanism in the modern constitutional framework to handle extraordinary and urgent situations, but it must be used sparingly to uphold justice and the rule of law. The use of prerogative power in this case was appropriate and judicious by the chief minister for the good of the state, according to Hishamudin.