N Sembilan state sec office rejects move to gazette removal, succession proclamations

The Negeri Sembilan state secretary’s office said it would not gazette or implement the disputed April 19 proclamation recognising Tunku Nadzaruddin Tuanku Ja’afar as the new Yang di-Pertuan Besar, replacing Tuanku Muhriz Tuanku Munawir.

In a statement late last night, state secretary Zafir Ibrahim said his office accepted the Attorney-General’s Chambers’ advice that the proclamation concerning the position of Yang di-Pertuan Besar was invalid.

The AGC, in a statement yesterday, said the menteri besar and state exco did 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.

Zafir said his office had also referred the matter to the Negeri Sembilan legal adviser to ensure that any action taken complied with prevailing laws and the state constitution.

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“From a legal perspective, this administration also accepts the view of the AGC that members of the Negeri Sembilan exco do not have the jurisdiction, authority, or power under the state constitution to make any announcement concerning the proclamation,” said the state secretary, adding that there was also no legal basis for the exco members to rely on the said proclamation for their announcement.

“Based on the above and the AGC's media statement in its entirety dated Sept 17, this administration accepts the advice and will not take any action to gazette or implement the proclamation, as such action would constitute an unlawful and unconstitutional act,” he added.

The response came after Menteri Besar Ismail Lasim said yesterday that the state administration would accept the April 19 proclamations by the Negeri Sembilan chieftains, or Undang Yang Empat, to remove Tuanku Muhriz and recognise Tunku Nadzaruddin as the new ruler.

Proclamations of removal and succession

The proclamations were issued on April 19 by undangs Mubarak Thahak of Sungai Ujong, Maarof Rashad of Jelebu, Muhammad Abdullah of Johol, and Abdul Rahim Yasin of Rembau, together with the tunku besar of Tampin and the datuk syahbandar of Sungai Ujong.

The first proclamation removed Tuanku Muhriz after the chieftains purportedly launched their own investigation into the ruler on March 5 over alleged transgressions in his royal duties.

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

The second proclamation called for Tunku Nadzaruddin 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, or DKU), which acts as an advisory body on customary affairs and the appointment and removal of the Yang di-Pertuan Besar, subsequently rejected the proclamations, saying they were not made in accordance with the law and state constitution. The council has continued to back Tuanku Muhriz.

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 the newly installed menteri besar had signed the document on Aug 3, which they said completed the ruler's removal process under Article 10(2).

Ismail (below) later said he had signed the document under duress, a claim disputed by lawyers representing the group supporting the proclamation.

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

Royal sacking

The royal dispute escalated further yesterday when Tunku Nadzaruddin sacked DKU secretary Raja Norazli Raja Nordin.

In a letter dated yesterday, Tunku Nadzaruddin said the decision, effective immediately, was made under Article 25 of the state constitution.

“Whereas, in exercise of the powers under Article 25 of the Negeri Sembilan Constitution, I hereby inform you that your service, His Highness Raja Norazli Raja Nordin, as secretary of the DKU, is terminated with effect from Sept 17,” he said in the letter, in which he addressed himself as the new Yang di-Pertuan Besar.

Raja Norazli was also ordered to immediately cease performing any functions or duties, or making official representations in the name of the DKU.

He was further instructed to return all official documents, confidential files, meeting minutes, office access codes, and other property belonging to the DKU, as well as to vacate the secretary’s office.

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