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Tuanku Muhriz Tuanku Munawir remains the Yang di-Pertuan Besar of Negeri Sembilan despite the state government’s earlier declaration recognising Tuanku Nadzaruddin Tuanku Ja’afar as the new ruler, after the Attorney-General’s Chambers (AGC) declared the April 19 proclamation invalid.
The AGC said the Negeri Sembilan Menteri Besar and State Executive Council had no unilateral power to remove or declare vacant the position of the Yang di-Pertuan Besar.
In a statement, the AGC said the validity and legal effect of the April 19 proclamation must be determined through the constitutional and legal processes provided under the Laws of the Constitution of Negeri Sembilan 1959 (UUTKNS).
It said the proclamation was invalid as it failed to comply with the mandatory requirements under Article 10 of the state Constitution, particularly as there was no evidence that any of the disqualifying grounds under Article 10(1) applied to Tuanku Muhriz.
The AGC acknowledged that the four Undangs of Negeri Sembilan have the power to take action to remove the Yang di-Pertuan Besar, but stressed that Article 10 also sets out the procedures and grounds that must be considered before such action can be taken.
“To date, there are no facts indicating that the prescribed procedures have been complied with,” it said.
The AGC also questioned whether some of the Undang who signed the proclamation were lawfully holding their positions at the material time, noting that some had been removed according to the customs of their respective luak.
“As such, the composition of the Undang Yang Empat was in fact incomplete at the material time,” it added.
The chambers highlighted Article 16 of the UUTKNS, which provides for the Dewan Keadilan dan Undang (DKU) and places matters concerning Malay customs, including the selection, appointment and removal of Undang, within its jurisdiction.
Under Article 16(3), the AGC said the DKU’s advice on such matters is final and cannot be challenged or questioned in court.
Any attempt to gazette or implement the April 19 proclamation would therefore be unconstitutional and invalid, the AGC said.
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Tuanku Muhriz Remains Negri Sembilan Ruler As AGC Declares April Proclamation Invalid
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