The Negeri Sembilan executive council had no authority to declare the position of the state’s Yang di-Pertuan Besar vacant, the Attorney General’s Chambers (AGC) said today, adding fresh legal weight to the dispute over the state throne.
The AGC said the Menteri Besar and state executive council could not unilaterally terminate or declare the position vacant. It added that the validity and effect of the April 19 proclamation must be determined through the constitutional and legal processes provided under the Negeri Sembilan Constitution 1959.
The Chambers said its preliminary view was that the proclamation itself was invalid because it did not meet the mandatory requirements of Article 10.
It added that there was no evidence that any of the circumstances listed under Article 10(1) for the removal of the Yang di-Pertuan Besar applied to Tuanku Muhriz Tuanku Munawir.
Removal powers subject to constitutional procedure
While the Dato’-Dato’ Undang have the power to take action to remove the Yang di-Pertuan Besar, the AGC stressed that they must first comply with the procedure and consider the grounds prescribed under Article 10.
“To date, there are no facts showing that the prescribed procedure has been complied with,” it said.
The AGC also questioned whether the Undang Yang Empat was properly constituted when the proclamation was signed.
It said the validity of several Undang who signed the proclamation was disputed because they had been removed according to adat in their respective luaks.
This raised the question of whether the composition of the Undang Yang Empat was complete when the proclamation was made, the Chambers said.
Role of DKU highlighted
The AGC nevertheless stressed that it respected the position of the Dato’-Dato’ Undang and recognised that their appointment and removal were governed by the adat of their respective luaks.
It pointed to Article 16 of the state constitution, which places matters concerning Malay customs, including the selection, appointment, resignation and removal of an Undang, under the jurisdiction of the Dewan Keadilan dan Undangan (DKU).
Under Article 16(3), the AGC said, the DKU’s advice on such matters is final and cannot be challenged or questioned in court.
State Exco announcement has no legal effect
Against this backdrop, the AGC said the state executive council’s announcement had no legal effect.
It said Exco members had no jurisdiction, authority or power under the state constitution to make the announcement and could not rely on the April 19 proclamation as its legal basis.
Any gazettement or other action to implement the proclamation would therefore be unlawful and unconstitutional, the AGC said.
The Chambers also noted that the matter is already before the Seremban High Court, where an interlocutory injunction remains in force.
It urged all parties to respect the ongoing proceedings and allow the dispute to be resolved through the proper constitutional and legal process.
