From Malay Mail · · 2m
Negeri Sembilan court backs Tuanku Muhriz as legitimate ruler
The state's highest traditional council rejects the executive's attempt to remove the Yang di-Pertuan Besar, saying the decision has no legal standing.
In brief
The state's highest traditional council rejects the executive's attempt to remove the Yang di-Pertuan Besar, saying the decision has no legal standing. Tuanku Muhriz remains the legitimate ruler of Negeri Sembilan because the state executive council lacks the power to remove him, and any attempt to do so violates the…
Negeri Sembilan council backs Tuanku Muhriz
The Dewan Keadilan dan Undang (DKU) has reaffirmed that Tuanku Muhriz remains the legitimate Yang di-Pertuan Besar, with no vacancy or successor while he lawfully holds the position.
“Tuanku Muhriz remained the legitimate Yang di-Pertuan Besar and Yang di-Pertua of the DKU”
Executive council lacks removal power
The DKU said the state executive council's September 16 decision to remove Tuanku Muhriz had no legal effect and fell outside its jurisdiction under the Negeri Sembilan Constitution.
“Such matters fell outside the jurisdiction of the state executive council”
April proclamation was void from start
The DKU said the April 19 proclamation attempting to remove Tuanku Muhriz was defective because no required inquiry was conducted and three of four signatories were not lawfully serving as Undang at the time.
“The April 19 proclamation remained defective and void from the outset”
Menteri Besar agrees with DKU position
The DKU welcomed Menteri Besar Datuk Ismail Lasim's statement that the menteri besar has no unilateral power to remove the ruler and that validity should be determined through lawful constitutional and legal processes.
“The menteri besar had no unilateral power to terminate or vacate the office of Yang di-Pertuan Besar”
DKU has final say on ruler matters
Under Article XVI of the Negeri Sembilan Constitution, questions involving Malay adat including ruler election, appointment, resignation and removal fall within the DKU's jurisdiction, and its advice is final and cannot be challenged in court.
“The DKU's advice on such matters was final and could not be challenged or questioned in any court”
Case now before Seremban High Court
The DKU said the matter is currently before the Seremban High Court with a court order in force, urging all parties to respect the judicial process and refrain from taking steps that could circumvent or interfere with it.
“The matter was currently before the Seremban High Court and that a court order remained in force”
Ruler position is community trust
The DKU reiterated that the institutions of Malay adat in Negeri Sembilan, including the Yang di-Pertuan Besar and Undang, do not belong to any political party or individual but are a trust for all community members and their descendants.
“The institutions of Malay adat in Negri Sembilan did not belong to any political party or individual but were a trust for all members of the community”
Any new proclamation would also be invalid
The DKU said any proclamation purporting to elect a new Yang di-Pertuan Besar under Article XI would be invalid because it would be based on the same defective foundation and signed by people who do not lawfully hold the office of Undang.
“Any proclamation purporting to elect a new Yang di-Pertuan Besar under Article XI would similarly be invalid”
The key point
Tuanku Muhriz remains the legitimate ruler of Negeri Sembilan because the state executive council lacks the power to remove him, and any attempt to do so violates the state constitution.
