From Malay Mail · · 1m 20s
Refusal to gazette proclamation: Insubordination?
Negeri Sembilan State Secretary refuses to gazette invalid proclamation, sparking insubordination debate.
In brief
Negeri Sembilan State Secretary refuses to gazette invalid proclamation, sparking insubordination debate. Negeri Sembilan State Secretary claims refusal to gazette April 19, 2026 proclamation aligns with Attorney General’s Chambers ruling that it was invalid, so no insubordination occurred. Originally reported by…
Quick answers
- What is insubordination?
- Insubordination means unwillingness to submit to authority, disobedience to orders, or infraction of rules.
- Why no insubordination?
- The State Secretary argues there is no legal basis for the State Executive Council to rely on the April 19, 2026 proclamation for announcements.
- What is the key takeaway from Refusal to gazette proclamation: Insubordination??
- Negeri Sembilan State Secretary claims refusal to gazette April 19, 2026 proclamation aligns with Attorney General’s Chambers ruling that it was invalid, so no insubordination occurred.
What is insubordination?
Insubordination means unwillingness to submit to authority, disobedience to orders, or infraction of rules.
“The word 'insubordination' means unwillingness to submit to authority; disobedience to orders; infraction of rules, or generally disaffected attitude towards authority.”
Legal definition of insubordination
Regulation 4(1) requires public service officers to give loyalty to the Yang di-Pertuan Agong, the country and the Government.
“Under Regulation 4(1) an officer shall at all times give his loyalty to the Yang di-Pertuan Agong, the country and the Government.”
Key elements of insubordination
For insubordination to occur, a lawful instruction must be issued, conveyed to the subordinate, and the subordinate must disobey it.
“The elements of insubordination were set out in a recent High Court case of Muehbaeur Technologies Sdn Bhd V. Chan Shee Chuen [2022] where Judicial Commissioner Quay Chew Soon (as he then was) said that for insubordination to arise, the following elements must be present: (a) the superior must have issued a lawful instruction; (b) the instruction was conveyed to the subordinate; and (c) the subordinate had disobeyed or failed to have complied with the lawful instruction.”
Negeri Sembilan State Secretary's stance
The State Secretary claims refusal to gazette April 19, 2026 proclamation aligns with Attorney General’s Chambers ruling that it was invalid.
“The SUK’s office has asserted that the decision not to gazette the proclamation 'aligned with the Attorney General’s Chambers (AGC) ruling that the proclamation was invalid, rendering any gazettement unconstitutional'.”
Why no insubordination?
The State Secretary argues there is no legal basis for the State Executive Council to rely on the April 19, 2026 proclamation for announcements.
“Furthermore, there is no legal basis for the State Executive Council (MMKN) members to rely on the proclamation dated April 19, 2026 for their announcement.”
Fundamental element missing
The absence of a lawful instruction means the State Secretary cannot be considered insubordinate.
“The fundamental element of insubordination is arguably absent.”
Conclusion
Refusal to gazette the proclamation does not constitute insubordination as there was no lawful instruction to follow.
“Accordingly, there cannot be insubordination.”
The essence
Negeri Sembilan State Secretary claims refusal to gazette April 19, 2026 proclamation aligns with Attorney General’s Chambers ruling that it was invalid, so no insubordination occurred.
