Negeri Sembilan exco can’t suspend top officials, says lawyer
Negeri Sembilan exco can’t suspend top officials, says lawyer
Hariz Yusoff, who also represents the Rembau undang, says only the public services commission has power to suspend the officials.
Hariz Yusoff, who also represents the Rembau undang, contended that Zafir and Muzalmah remained in their posts as the state exco had no direct authority over the state secretary and legal adviser.
Hariz said the state constitution outlined that appointments to those two posts were made by the public services commission (SPA), not the menteri besar or state exco.
He added that even the Federal Constitution stated that the SPA would oversee the appointment, promotion, transfer and discipline of civil servants.
“Menteri besar Ismail Lasim’s own statement acknowledges this fact. He mentions that the new state secretary will be ‘named by the chief secretary to the government’ and the new state legal adviser ‘by the Attorney-General’s Chambers’.
“This is a clear admission that the authority over the two posts falls under other parties, not the state exco. Those without the power to appoint would have no power to suspend,” Hariz said in a statement.
He also argued that the special exco meeting that decided on the suspensions was invalid since the 10 exco members, other than the menteri besar, had their appointments revoked by Yang Dipertuan Besar Tuanku Muhriz Tuanku Munawir on Sunday.
“The menteri besar’s ‘confirmation’ that the posts of the exco members remain valid and legitimate is merely his personal stand. He has no authority to declare His Royal Highness’s order as invalid.”
Earlier today, Ismail announced that Zafir and Muzalmah had been suspended from their duties as state secretary and legal adviser. State financial officer Masli Razali and lawyer Fahmi Adilah would take over those roles, respectively, in the interim.
This came after the Negeri Sembilan administration said it would not proceed with the menteri besar’s request to gazette the proclamation on the purported removal of Tuanku Muhriz as the Yang Dipertuan Besar.
Hariz questioned Fahmi’s appointment, saying a regular lawyer could not be appointed as the state legal adviser, even as an interim measure.
“The position of state legal adviser is a constitutional position filled by the public service,” he maintained.
The lawyer urged Negeri Sembilan civil servants to continue following instructions from Zafir as state secretary, saying the exco decision was open to legal challenge.
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