Royal crisis: AGC is no judge, N Sembilan chieftains say, call for state sec's resignation

Disputed Negeri Sembilan territorial chieftains and the tunku besar of Tampin have hit out at the Attorney-General’s Chambers (AGC) for declaring the state exco’s decision on Tuanku Muhriz Tuanku Munawir’s status as ruler invalid.

In a statement, the Council of the Undang Yang Empat (four state chieftains) and the tunku besar of Tampin refuted the AGC’s claim that the requirements under Article 10 of the Negeri Sembilan state constitution had not been fulfilled when they proclaimed Tuanku Muhriz’s removal as Yang di-Pertuan Besar on April 19.

Branding the AGC’s statement as “confusing”, the council said the federal agency had no place meddling in Negeri Sembilan’s internal affairs or attempting to play the role of a judge.

"The AGC statement is highly confusing as it gives the impression that the Negeri Sembilan state exco acted improperly in removing Tuanku Muhriz from the throne.

"On the contrary, the decision to remove him from the throne was made by the Undang Yang Empat under their prerogative powers, while Article 10(2) of the Negeri Sembilan Constitution 1959 also requires the menteri besar to sign the proclamation.

"The exco's decision to accept the proclamation should instead be appreciated by the AGC as upholding the principle of constitutional supremacy.

"At the same time, we are of the view that the AGC has no right to interfere in the affairs of Negeri Sembilan and should not act as a judge by challenging the exco's decision," read the statement issued by the council's secretariat.

AGC questions ruler's removal

Yesterday, Negeri Sembilan Menteri Besar Ismail Lasim confirmed to reporters that the state exco had decided to accept the state chieftains' proclamations removing Tuanku Muhriz and recognising Tuanku Nadzaruddin Tuanku Ja'afar as the new ruler.

In response, the AGC issued a statement saying the menteri besar and state exco do not have unilateral powers to terminate or vacate the ruler’s office.

It said the validity and effect of the proclamation must be determined through lawful constitutional and legal processes.

The AGC also pointed to several alleged loopholes in the process, including the failure to meet the grounds for disqualification under Article 10(1) of the state constitution and the disputed status of several signatories after they were allegedly removed under customary rules in their respective luak (territories).

The council, however, reiterated that Tuanku Muhriz’s removal was carried out according to the prescribed procedures, including an investigation by the chieftains into the ruler’s alleged wrongdoings.

It also claimed there was a status quo over the positions held by the disputed undang luak, following an interlocutory injunction issued by the court on May 21.

Thus, the chieftains – Mubarak Thahak (Sungai Ujong), Maarof Mat Rashad (Jelebu), Muhammad Abdullah (Johol), and Abdul Rahim Yasin (Rembau) – remain the legally recognised undang luak, according to the secretariat.

"In view of this, we urge the AGC to review its statement based on the actual facts before issuing any further public views.

"This is particularly so because the question of compliance with customary procedures under Article 10 is a matter of Malay custom subject to the finality of the Dewan’s (Dewan Keadilan dan Undang, or Negeri Sembilan Council of the Yang di-Pertuan Besar and the Ruling Chiefs) advice under Article 16(3) of the Negeri Sembilan Constitution 1959, and is not a matter that should be addressed unilaterally by any executive department before it is referred to the DKU or determined by the courts."

Chieftains demand action over gazette refusal

Meanwhile, the council called on Negeri Sembilan state secretary Zafir Ibrahim to resign with immediate effect.

This followed Zafir’s refusal to carry out the state exco’s instruction to gazette the chieftains’ proclamations, based on the AGC’s advice.

Should the civil servant refuse to do so, the council urged that disciplinary action be taken against him for going against the state administration.

"This is because the state secretary is required to comply with the instructions of the 'government of the day' and not accept instructions from external parties that have no bearing on the administration of the state," the council stressed.

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