Article 38(5) of the Negeri Sembilan State Constitution states as follows:
“Subject to Clause (4), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler’s pleasure, unless the appointment of any member of the Executive Council shall have been revoked by the Ruler on the advice of the Menteri Besar but any member of the Council may at any time resign his office.”
A plain reading of the provision informs us that an Exco holds office at the Ruler’s pleasure unless his appointment is revoked by the Ruler on the advice of the Menteri Besar (MB).
Otherwise, he may at any time resign his office.
Holding office at the Ruler’s pleasure has its origin in the Latin phrase durante bene placito which means “during the good pleasure” or “at one’s pleasure”.
An appointee holding office at one’ pleasure means he holds office during pleasure, not only is the length of his service subject to pleasure, but the place and time of his service is also similarly subject to pleasure. (See the judgment of Federal Court Judge Salleh Abas (as he then was) in the case of Pengarah Pelajaran, Wilayah Persekutuan & Ors v Loot Ting Yee [1982])
In India, Chief Justice Wazir in the case of Bishamber Nath v Govt of J & K [1957] said the phrase means the term of office of the appointee, except where it is provided by a statute, can be terminated at any time without cause assigned.
So, here’s a reminder to Negeri Sembilan Excos whose appointments have been revoked by the Ruler:
You are an Exco unless your appointment is revoked by the Ruler on advice of the MB.
You are at liberty to resign. At any time – just like DAP secretary-general Anthony Loke resigning as Transport Minister.
Otherwise, you hold office at the Ruler’s pleasure.
It is no surprise that the Attorney General has said the revocation is valid.
– Hafiz Hassan
Editor’s Note: This article represents the views and legal interpretation of the author and does not necessarily reflect the editorial position of MalaysiaGazette.
