Lawyers defend backdated proclamation, cite MB’s ‘continuity of office’
Lawyers acting for five 'chieftains' say the menteri besar's post is a continuous administrative institution that differs from the individual who helms the post.
Lawyers representing four Undangs and Tunku Besar Tampin have defended the validity of a proclamation signed by Ismail Lasim on April 19. This proclamation allegedly removed Tuanku Muhriz as Yang Dipertuan Besar. Despite Ismail previously claiming coercion and invalidity of the document, his lawyers maintain the proclamation is legally sound.
They argue the post of menteri besar is a continuous administrative entity, distinct from the person who occupies it. The constitutional powers and duties are tied to the post, not the individual. Therefore, any successor to the post retains the authority to sign official documents on behalf of the government. This argument aims to ensure a smooth transition of power and maintain administrative continuity.
The lawyers also contend that the signature on the proclamation fulfills the process of removing Tuanku Muhriz. While Ismail faced questions over the validity of the April 19 proclamation, he later endorsed a statement from his executive council members supposedly confirming Tuanku Muhriz's removal. However, the Attorney-General's Chambers and Dewan Keadilan dan Undang declared this statement lacked legal efficacy.
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- Lawyers defend backdated proclamation, cite MB’s ‘continuity of office’ freemalaysiatoday.com
