The irony of loss of confidence in Negeri Sembilan MB — Hafiz Hassan

The case of Nizar v Zambry decided by the Federal Court in 2010 is the lex classicus, as legal experts would term it, on the issue of confidence of the majority of members of a legislative assembly.

In that case, the Federal Court held that the loss of confidence in the Menteri Besar (MB) may not only be established through a vote in the state legislative assembly (SLA) but may also be gathered from other extraneous sources provided they are properly established. Such sources include representations made by members of the Perak SLA that the MB no longer enjoys the support of the majority of the members of the SLA.

In that case, there was a demonstration of support by 31 members of the SLA for Barisan Nasional (BN). This clearly pointed to the loss of confidence of the majority of the members of the SLA in the leadership of the incumbent MB, even without a vote in the SLA.

The Federal Court also held that it was incumbent upon the MB in the circumstances of the case to tender the resignation of the executive council. The term “executive council” by definition includes the MB. If the MB refuses to tender the resignation of the executive council, the MB and the executive council members are deemed to have vacated their respective offices.

Negeri Sembilan Menteri Besar Datuk Seri Aminuddin Harun speaks during a press conference at his official residence in Seremban April 27, 2026. — Picture by Raymond Manuel

So, even if the MB is not removed by the Ruler, it matters not since the MB would be deemed to have vacated his office.

What must follow is for a member of the SLA to seek an audience with the Ruler to present to His Majesty that he has the confidence of the majority of members of the SLA. In the case of the Negeri Sembilan SLA, the number is 19.

The 14 members of Negeri Sembilan Umno and Barisan Nasional have already declared yesterday that they have obtained a simple majority to form the state government through cooperation with five Perikatan Nasional members of the SLA.

The irony is the audience is with the Ruler who is sought to be deposed or removed in accordance with the Laws of the Constitution of Negeri Sembilan 1959. - malaymail

* This is the personal opinion of the writer or publication and does not necessarily represent the views of MMKtT.