Kuala lumpur: The April 19 proclamation concerning the position of Yang Dipertuan Besar Negeri Sembilan Tuanku Muhriz Tuanku Munawir is invalid as it did not comply with the mandatory requirements under Article 10 of the Laws of the Constitution of Negeri Sembilan 1959 (UUTKNS 1959), according to the Attorney-General's Chambers (AGC).
According to BERNAMA News Agency, the AGC stated there was no evidence that any of the disqualification grounds specified under Article 10(1) of the UUTKNS applied to Tuanku Muhriz. The AGC emphasized that the Menteri Besar and Negeri Sembilan State Executive Council (Exco) did not possess the unilateral power to depose or vacate the office of the Yang Dipertuan Besar.
The AGC noted that the validity and effect of the proclamation must be determined through valid constitutional and legal processes, in accordance with the law, particularly the UUTKNS 1959. The statement highlighted that while the Undang had the authority to take action to remove the Yang Dipertuan Besar, Article 10 of the UUTKNS outlines the procedures and grounds that must be considered before such a decision can be made. As of today, no facts indicate that the prescribed procedures have been complied with.
Furthermore, the AGC raised questions over whether several Undang who signed the proclamation were still lawfully holding office, as they had been removed according to the adat (customary practices) in their respective Luak. The validity of these signatories was disputed because their removal was carried out according to the adat of their respective Luak, leading to an incomplete composition of the Undang Yang Empat at the material time.
The AGC acknowledged and respected the position of the Undang of Negeri Sembilan, recognizing that the appointment and removal of each are subject to the adat of their Luak. Article 16 of the UUTKNS 1959 provides that matters concerning Malay customs, including the selection, appointment, abdication, and removal of the Undang, as well as any matters brought before it by the Yang Dipertuan Besar, fall under the jurisdiction of the Dewan Keadilan dan Undang (DKU). The advice of the DKU on such matters is final and cannot be challenged or questioned in any court on any grounds.
The AGC stated that media statements or announcements by members of the State Exco on the matter had no legal effect, as they had no jurisdiction, authority, or power under the UUTKNS 1959 to make such announcements. There is also no legal basis for Exco members to rely on the April 19 proclamation for their announcements. Any gazettement or implementation of the proclamation would be invalid as it is unconstitutional.
The matter is currently before the High Court in Seremban, with an interlocutory injunction remaining in force. The AGC urged all parties to respect the court process and allow the matter to be resolved in an orderly manner. The AGC issued the statement after acknowledging the Sept 15 media statement by the State Exco on its decision concerning the proclamation.
Earlier today, media reported that Menteri Besar Datuk Ismail Lasim confirmed that the proclamation had been unanimously decided and endorsed by the State Exco. The DKU reiterated that Tuanku Muhriz Tuanku Munawir remains the lawful ruler of Negeri Sembilan and chairman of the council.