Bar questions status of Negeri Sembilan govt after exco sackings

The Bar Council has raised questions regarding the Negeri Sembilan state government's continued operation following the revocation of all executive councillors' appointments by the state ruler, Tuanku Muhriz Tuanku Munawir. Anand Raj, president of the Bar Council, emphasized that if ordinary citizens have constitutional protection against unlawful removal from office, a state ruler should also be granted the same protection.

The revocation of the executive councillors' appointments took place following a dispute over a purported proclamation aimed at removing Tuanku Muhriz.

Anand Raj pointed out that the proclamation made on April 9, which was rejected by the Attorney-General's Chambers as invalid, did not comply with the state constitution's requirement for a full enquiry by the undangs (traditional territorial chiefs) before the ruler could be asked to withdraw from his functions or abdicate. No contemporaneous record has been published to prove that such an enquiry was ever conducted, nor that the ruler was given an opportunity to respond to the allegations against him.

Raj highlighted that the right to be heard is a fundamental principle of natural justice, applicable to everyone, including the head of state. He cited a 1962 Privy Council decision regarding the Federation of Malaya, stating that if ordinary citizens are protected from unlawful removal from office without a fair hearing, the ruler should be entitled to the same level of protection.

Several unanswered questions remain regarding the crisis, including the claim by Menteri Besar Ismail Lazim that he signed a proclamation to remove Tuanku Muhriz under duress. The public is entitled to know the details of the signing, such as who was involved, how it was done, and why the report was lodged with the police only on September 8, five weeks after the purported proclamation. Additionally, the Bar Council questioned why the Menteri Besar subsequently endorsed the proclamation.