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Negeri Sembilan exco has no authority to suspend duo, says AGC

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The AGC said appointments and suspensions involving the state secretary and legal adviser are under the purviews of the public services commission and judicial and legal service commission, respectively.PETALING JAYA: The Negeri Sembilan executive council does not have the authority to suspend the state secretary and state legal adviser from their duties, says the Attorney-General’s Chambers (AGC).The AGC said appointments and suspensions involving the state secretary and legal adviser are under the purviews of the public services commission (SPA) and judicial and legal service commission, respectively, based on Article 37 of the Negeri Sembilan constitution.“Concerning the appointment of the state legal adviser, the appointment must be made by the judicial and legal service commission while the appointee must be a member of the judicial and legal service,” it said in a statement.Earlier today, menteri besar Ismail Lasim announced that a special exco meeting decided to suspend Zafir Ibrahim and Muzalmah Mustapha Kamal from their duties as state secretary and legal adviser, respectively.The status of the state exco itself is in dispute as the Yang Dipertuan Besar of Negeri Sembilan had revoked the appointments of its members on Sunday.Ismail said state financial officer Masli Razali and lawyer Fahmi Adilah would take over those roles in the interim.He also said the chief secretary to the government and public services department would be notified of the state secretary’s suspension, as well as the AGC of the legal adviser’s suspension.This decision came several days after the Negeri Sembilan state administration said it would not proceed with the menteri besar’s request to gazette a proclamation on the purported removal of Tuanku Muhriz Tuanku Munawir as the Yang Dipertuan Besar.In response to Ismail’s statement, a lawyer for the Rembau undang argued that the exco meeting earlier today was invalid since the 10 exco members, other than Ismail, had their appointments revoked by Tuanku Muhriz on Sunday. Lawyer Hariz Yusoff said 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. (Bernama pic)PETALING JAYA: A lawyer has disputed the Negeri Sembilan executive council's authority to suspend Zafir Ibrahim and Muzalmah Mustapha Kamal from their duties as state secretary and state legal adviser, respectively.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 a…

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