From Malay Mail · Malay Mail · · 1m 50s
Negeri Sembilan ruler dispute hinges on constitution
A top official says the state executive council cannot override constitutional procedures in removing the Yang di-Pertuan Besar.
In brief
A top official says the state executive council cannot override constitutional procedures in removing the Yang di-Pertuan Besar. Constitutional procedures and court rulings on adat matters cannot be bypassed by executive decisions, even when those decisions claim absolute prerogative. Originally reported by Malay Mail.
Rembau Undang challenges ruler removal
Hassan Ab Hamid rejected the Negeri Sembilan executive council's removal of Yang di-Pertuan Besar Tuanku Muhriz on April 19, saying administrative decisions cannot override the state constitution.
Power must follow proper procedure
Hassan argued that even if the Undang Yang Empat have power to remove the ruler, that power must be exercised according to state constitutional requirements and procedures.
“The existence of a power does not mean that the procedure for exercising it can be disregarded.”
No proper enquiry was conducted
Hassan said the Dewan Keadilan dan Undang determined that no required enquiry was conducted before the April 19 proclamation, and Tuanku Muhriz was not given notice or a hearing.
DKU ruled proclamation invalid
The Dewan Keadilan dan Undang determined on July 31 and September 13 that the April 19 proclamation was invalid and that Tuanku Muhriz remains the rightful Yang di-Pertuan Besar.
DKU rulings are final on adat
Article 16(3) of the Negeri Sembilan constitution states that the DKU's advice on Malay adat matters is final and cannot be challenged in court, making it supreme over executive decisions.
“Article 16(3) of the state constitution stipulates that the DKU's advice on questions of Malay adat is final and cannot be challenged in court.”
Executive council cannot override constitution
Hassan asserted that an executive council decision cannot set aside the DKU's determination on adat or override the provisions of the state constitution.
“Therefore, an exco decision cannot set aside the DKU's determination on adat or override the provisions of the state constitution.”
Signatories' legitimacy questioned
Hassan disputed the executive council's claim that the proclamation was signed by legitimate undangs, saying the DKU's determination contradicted the adat status of three of the four signatories.
Executive council maintains its position
The state executive council said the April 19 proclamation was valid, that Tuanku Nadzaruddin Tuanku Ja'afar is the new ruler, and that removal is the absolute prerogative of the Undang Yang Empat.
The essence
Constitutional procedures and court rulings on adat matters cannot be bypassed by executive decisions, even when those decisions claim absolute prerogative.
