AGC: N Sembilan MB, state exco's decision on Tuanku Muhriz invalid

The Attorney-General’s Chambers (AGC) has deemed the Negeri Sembilan state exco's decision on Tuanku Muhriz Tuanku Munawir's status as state ruler invalid.

This followed Menteri Besar Ismail Lasim's press conference this morning, where he confirmed that the state administration had discussed and unanimously decided on Sept 15 to accept a proclamation by Negeri Sembilan chieftains removing Tuanku Muhriz as the Yang di-Pertuan Besar.

In a statement this evening, AGC said the menteri besar and state exco do not have unilateral powers to terminate or vacate the ruler’s office, adding that the proclamation’s validity and effect must be determined through lawful constitutional and legal processes.

"The media statement or announcement by members of the Negeri Sembilan state exco is regarded as having no legal effect," it stressed.

The AGC reiterated its position that the proclamation was invalid because it did not comply with mandatory requirements under Article 10 of the Negeri Sembilan Constitution 1959.

According to the federal legal authority, there was no evidence that any of the grounds for disqualification stipulated under Article 10(1) applied to Tuanku Muhriz (above).

While acknowledging that the chieftains hold powers relating to the removal of the Yang di-Pertuan Besar, the AGC said Article 10 also prescribes procedures and considerations that must be observed before such a decision can be made.

"To date, there are no facts indicating that the prescribed procedures were complied with," it said.

Dispute over undangs’ status

The AGC also questioned whether some of the chieftains who signed the April 19 proclamation were still lawfully holding their office at the material time.

It said the status of several signatories had been disputed after they were allegedly removed under customary rules in their respective luak (territory).

On April 19, the chieftains - Mubarak Thahak (Sungai Ujong), Maarof Mat Rashad (Jelebu), Muhammad Abdullah (Johol), and Abdul Rahim Yasin (Rembau) - together with the tunku besar of Tampin and Sungai Ujong’s datuk syahbandar, signed two proclamations on the status of the state ruler.

The first proclamation removing Tuanku Muhriz was made after they allegedly launched their own investigation into the ruler on March 5 for alleged transgressions in his royal duties.

They deemed the unspecified transgressions to have been committed deliberately, thus besmirching the royal institution.

The second proclamation is for Tunku Nadzaruddin Tuanku Ja’afar (above) to be installed as the next Yang di-Pertuan Besar with immediate effect.

However, the Negeri Sembilan Council of the Yang di-Pertuan Besar and the Ruling Chiefs (Dewan Keadilan dan Undang; DKU) had since rejected the proclamations, claiming that they were not done according to the law and state constitution.

The matter later reached the Seremban High Court, which on June 5 granted a temporary injunction to maintain the status quo amid the dispute.

After Ismail took office following the August state election, the group behind the proclamation claimed he signed the instrument on Aug 3, which they said completed the process under Article 10(2).

Ismail (above) initially maintained his loyalty to Tuanku Muhriz and later said he had signed the document under duress, a claim disputed by lawyers representing the group supporting the proclamation.

However, the state exco subsequently announced that it regarded the April proclamation as valid.

DKU stands by Tuanku Muhriz

The DKU, meanwhile, has maintained that Tuanku Muhriz remains the lawful Yang di-Pertuan Besar.

The council said today that questions involving Malay custom, including the selection, appointment and removal of the Yang di-Pertuan Besar and undangs, fall within its jurisdiction under Article 16 of the state constitution.

The AGC similarly noted that Article 16 gives the DKU jurisdiction over customary matters concerning the appointment and removal of an undang, with its advice on such questions deemed final.

READ MORE: KINIGUIDE | Negeri Sembilan royal rumble: What's going on?

It added that there was no legal basis for the exco to rely on the April proclamation and said any move to gazette or implement it would, based on the AGC’s view, be invalid and unconstitutional.

The AGC also noted that related proceedings remain before the Seremban High Court and that an interlocutory injunction is still in force.

It urged all parties to respect the court process and allow the matter to be resolved in an orderly manner.

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