SEREMBAN: The High Court has dismissed an application by Dewan Keadilan dan Undang (DKU) secretary Raja Norazli Raja Nordin to intervene in an originating summons filed by 10 former Negri Sembilan executive council members over the interpretation of the state constitution.
Judge Roz Mawar Rozain ruled that Raja Norazli had no personal interest in the case, as the interest raised belonged to the DKU as an institution.
However, she allowed the DKU itself to intervene and named it the third defendant, with its participation limited to specific issues to be determined later.
Roz Mawar said the DKU’s presence was necessary to ensure an effective and comprehensive determination of the case, including questions concerning the “Ruler” raised by the plaintiffs under Article 28(1) of the state constitution.
She agreed with the plaintiffs that the DKU had no role in appointing or revoking the appointments of state executive council members.
The court also recorded an undertaking by the plaintiffs that the proceedings would continue without asking the court to determine the validity of a proclamation dated April 19, 2026, or who holds the office of the Yang di-Pertuan Besar of Negri Sembilan.
Earlier, lawyer Datuk Mohd Hafarizam Harun informed the court that Menteri Besar Datuk Ismail Lasim had withdrawn his consent for the appointment of external counsel to represent the state secretary and state government.
Hafarizam said a letter dated Oct 29 to state legal adviser Datuk Muzalmah Mustapha Kamal stated that the state government needed to scrutinise the use of public funds on two grounds.
“First, the financial implications arising from engaging external counsel cannot be properly evaluated.
“Second and most importantly, any decision involving significant state government commitments must first be brought before the state executive council for consideration,” he said.
Hafarizam said the letter noted that the exco had not convened, meaning the appointment of external counsel and its financial implications could not be deliberated or decided upon.
“Therefore, it is inappropriate for the state government to continue bearing such spending commitments,” he said.
Muzalmah said the letter arrived at her office last Friday while she was attending a meeting in Langkawi. She was also informed that counsel for the plaintiffs had filed an additional affidavit that afternoon.
She said she replied on Monday morning, explaining that the issuance of a fiat fell under the purview of the State Legal Adviser’s Office and did not require the menteri besar’s consent.
“I met with the menteri besar previously regarding the appointment of counsel, and no objection was raised, and fees were not discussed. That issue does not arise now; it is separate from the appointment,” she said.
Roz Mawar questioned whether Ismail had issued the letter in his personal capacity or in his official capacity as menteri besar.
The court fixed Nov 16 at 10am to hear preliminary objections.
All parties were directed to file written submissions by Nov 10, with affidavits in reply to be submitted by Nov 13.