# Refusal to gazette proclamation: Insubordination?

> Negeri Sembilan State Secretary refuses to gazette invalid proclamation, sparking insubordination debate.
- Title: Refusal to gazette proclamation: Insubordination? · Malay Mail
- Summary: Negeri Sembilan State Secretary refuses to gazette invalid proclamation, sparking insubordination debate. Negeri Sembilan State Secretary claims refusal to…
- Keywords: negeri sembilan state secretary, attorney general chambers, public officers regulations 1993, proclamation, insubordination, lawful instruction, yang di pertuan besar, tuanku munawir, news, world, Refusal, gazette
- Source: Malay Mail — https://malaymail.com/news/what-you-think/2026/09/20/refusal-to-gazette-proclamation-insubordination-hafiz-hassan/235813
- Published: 2026-09-20T08:41:56+00:00
- Read time: 1 min
- Topics: negeri sembilan state secretary, attorney general chambers, public officers regulations 1993, proclamation, insubordination, lawful instruction, yang di pertuan besar, tuanku munawir, news, world
## 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.
## Key takeaway

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.