Rembau undang: Exco cannot override N Sembilan constitution, DKU ruling on Tuanku Muhriz

Undang of Rembau Hassan Ab Hamid has rejected the Negeri Sembilan executive council's position on the removal of the Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir, saying an administrative decision cannot override the state constitution or the Council of the Yang di-Pertuan Besar and the Ruling Chiefs (Dewan Keadilan dan Undang; DKU) ruling on adat.

In a statement, Hassan said the dispute over the April 19 proclamation removing Tuanku Muhriz must be dealt with according to the Negeri Sembilan constitution, rather than being determined solely through an administrative decision or media statement.

The fundamental question was not merely whether the Undang Yang Empat had the power to select or remove the Yang di-Pertuan Besar, he said, but whether that power had been exercised in full compliance with the conditions and procedures prescribed by the state constitution.

“The existence of a power does not mean that the procedure for exercising it can be disregarded,” he said today.

"Among the fundamental questions is whether a complete enquiry, as required, was conducted before the April 19 proclamation was made.

"The DKU has taken the position that no such enquiry was ever conducted, and that Tuanku Muhriz was also not given notice or an opportunity to be heard.

"Failure to fulfil these fundamental requirements gives rise to a fundamental defect in the proclamation," he explained.

The Undang Yang Empat are the four ruling territorial chiefs of Negeri Sembilan who elect the state ruler, and on April 19, a proclamation was signed by the four initial undangs to remove Tuanku Muhriz.

However, the DKU had determined that three of them, including the then Rembau undang Abdul Rahim Yasin, did not lawfully hold their respective positions under Adat Perpatih at the time.

Hassan’s statement came after the exco issued a statement today asserting that the proclamation was valid and that Tuanku Nadzaruddin Tuanku Ja’afar had been recognised as the new ruler with immediate effect.

READ MORE: N Sembilan exco says Tuanku Muhriz removal valid, recognises Tuanku Nadzaruddin as ruler

The exco said the decision was reached at a meeting chaired by Menteri Besar Ismail Lasim yesterday.

It said the proclamation had been signed and sealed by the legitimate undangs and that the removal of the ruler was the absolute prerogative of the Undang Yang Empat.

Ismail’s (above) signature on Aug 3, the exco said, completed the proclamation in accordance with the state constitution. However, the exco did not address the enquiry requirement.

READ MORE: N Sembilan MB says he has no power to decide state ruler alone, invokes state laws in latest twist

DKU ruling

Hassan also cited the DKU’s decisions on July 31 and Sept 13, which he said had determined that the April 19 proclamation was invalid.

The DKU had also affirmed that Tuanku Muhriz remained the Yang di-Pertuan Besar, he said.

Hassan pointed to Article 16(3) of the state constitution, which he said stipulates that the DKU’s advice on questions of Malay adat is final and cannot be challenged in any court.

“Therefore, an exco decision cannot set aside the DKU’s determination on adat or override the provisions of the state constitution,” he said.

He also disputed the exco’s assertion that the proclamation had been signed by the “legitimate and duly serving undangs”.

Hassan said this directly contradicted the DKU’s determination concerning the adat status of three of the four signatories.

Ismail’s signature

In the lengthy statement, he also raised questions over Ismail’s signature on the proclamation, noting that the menteri besar had previously said publicly that he was forced to sign the document.

Ismail had lodged a police report over the matter, which is under investigation.

“Therefore, the issue cannot be regarded as resolved merely by stating that the menteri besar’s signature had rendered the proclamation complete,” Hassan said.

He further argued that the exco could not retrospectively remedy a process that had failed to comply with the state constitution from the outset.

“If the requirements of Article 10 were not fulfilled from the outset, a decision made subsequently does not, by itself, remedy the defect,” he said.

Federal Constitution

Hassan also said Articles 71 and 181 of the Federal Constitution could not be used to set aside the specific requirements and procedures under the Negeri Sembilan constitution.

He said Article 71 guarantees the right of a state ruler to hold, enjoy and exercise his constitutional rights and privileges in accordance with the state constitution.

Article 181, meanwhile, preserves the sovereignty, prerogatives, powers and jurisdiction of the Malay rulers and the ruling chiefs of Negeri Sembilan, subject to the state constitution, he said.

“Therefore, Articles 71 and 181 cannot be used to set aside the requirements and processes specifically prescribed by the Negeri Sembilan constitution,” he said.

Hassan urged all parties to respect the state constitution, the DKU’s jurisdiction and the determinations made within its jurisdiction, and to safeguard peace in the state and avoid actions that could cause confusion in the state administration or undermine the dignity of the royal institution and Adat Perpatih.

'Tuanku Nadzaruddin officially Yang di-Pertuan Besar'

However, a lawyer representing Tuanku Nadzaruddin and the Undang Yang Empat disagreed with Hassan.

In a statement to Malaysiakini, Emirul Sarifudin Nor Azmi stressed that the exco’s decision officially removes Tuanku Muhriz from his position, making his rival claimant the new successor.

He also declared that the state’s royal fiasco is "considered resolved".

"Any objection or dissatisfaction should subsequently be brought before the Special Court or any other forum with the jurisdiction to decide on the matter. It does not affect the executive decision made today, until it is subsequently decided otherwise.

"The next step concerns the administration of the state government and the official ceremonies for the installation of the Yang di-Pertuan Besar.

"Administratively, through the official announcement by the exco today, Tuanku Nadzaruddin (above) is officially the Yang di-Pertuan Besar and may exercise his powers as provided for under the Negeri Sembilan constitution," Emirul said.

He added that the official proclamation ceremony would follow soon.

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