The Negeri Sembilan Exco’s announcement on Sept 16 smacks of blatant executive overreach. The exco possesses no constitutional mandate, jurisdiction or power to unseat a ruler.’ – 10 ex-Malaysian Bar presidents
I feel for the ordinary people of Negeri Sembilan and, above all, for those who have watched with growing concern as a constitutional dispute involving their royal institution has unfolded in public.
From faraway Sarawak, I have followed this royal rumble with considerable interest. I have also visited Negeri Sembilan on several occasions, including during the July state election.
To many Malaysians, Negeri Sembilan has long been regarded as a relatively quiet and politically stable state, with its unique system of constitutional monarchy and the four Undangs playing an important role in its history and traditions.
That is precisely why what is happening today is so troubling.
But let me make my position clear. This is not about taking sides in a political quarrel. It is about the Constitution, the law and the proper procedures that must govern the exercise of constitutional powers.
The Sept 21 statement issued by 10 former presidents of the Malaysian Bar deserves serious attention because it raises precisely these questions. They point to Article 10 of the Laws of the Constitution of Negeri Sembilan 1959, which provides a specific process concerning the removal of the Yang di-Pertuan Besar. Among the questions they raise is whether the mandatory requirement for a “full and complete enquiry by the Undangs” was fulfilled before the purported removal of Tuanku Muhriz Tuanku Munawir.
There are also questions surrounding the proclamation dated April 19 and the subsequent signature by Menteri Besar Datuk Ismail Lasim on Aug 3. These are not minor technicalities. If a constitutional document is challenged, the public has every right to expect the authorities to explain clearly how and when the constitutional requirements were fulfilled.
Most importantly, the law cannot be replaced by assertion.
The Negeri Sembilan Exco has maintained that the proclamation was valid and that Tuanku Nadzaruddin Tuanku Ja’afar is now the Yang di-Pertuan Besar.
But the Attorney-General’s Chambers subsequently stated that the April 19 proclamation was invalid because it did not comply with the mandatory requirements of Article 10 and that the Menteri Besar and Exco did not possess unilateral power to depose the Yang di-Pertuan Besar.
The Dewan Keadilan dan Undang, meanwhile, has said that Tuanku Muhriz remains the legitimate Yang di-Pertuan Besar and that the Sept 16 Exco decision had no legal effect.
These competing positions demonstrate just how serious and complicated this constitutional dispute has become.
That is why I return to the principle I stressed in my June 10 column, “Understanding the royal rumble in Negri Sembilan” that this matter must be viewed through a constitutional lens, not through political emotions or partisan calculations.
Nobody, be they politicians, public officials, members of the royal institution or ordinary citizens, should be above the Constitution.
We cannot have one side declaring something valid while another constitutional authority declares it invalid and simply leave the people of Negeri Sembilan to decide whom to believe.
That would be deeply unhealthy for public confidence in our institutions.
The Federal Constitution must therefore remain the ultimate point of reference within our constitutional framework. Article 71 provides for federal guarantees concerning state constitutions, while Article 181 recognises the sovereignty and prerogatives of the Malay Rulers subject to the Constitution. The precise legal implications in this particular dispute should be determined through the proper constitutional and judicial processes, rather than political declarations.
And this is where I believe the Federal Government and the Conference of Rulers have an important role to play.
Prime Minister Datuk Seri Anwar Ibrahim has already said that the royal institution must be protected by adherence to the Constitution and the law, while respecting the unique customs governing Negeri Sembilan. He has also said that any proposal concerning the Ruler must follow the proper procedures.
That is the right principle. But given the depth of the dispute, I believe the Federal Government and the Malay Rulers should work together to help find a constitutional and amicable way forward.
This does not mean interfering with Negeri Sembilan’s constitutional arrangements or dictating an outcome. Rather, it means helping ensure that the dispute is brought back within the proper constitutional framework, where all relevant parties can be heard and the law can prevail.
The Conference of Rulers, in particular, is uniquely placed to appreciate the sensitivities surrounding the Malay institution, while the Federal Government has the constitutional responsibility and national interest to ensure that a state-level dispute does not undermine confidence in the country’s constitutional order.
The objective should not be to humiliate anyone, punish anyone or allow one political faction to claim victory over another. The objective should simply be to restore constitutional certainty.
Negeri Sembilan’s unique royal system has survived for generations. It should not become the casualty of political manoeuvring, institutional confrontation or competing interpretations of constitutional power.
The people of Negeri Sembilan deserve clarity. Malaysians deserve confidence that our institutions operate according to law.
Above all, nobody should forget the simplest principle of all – the Constitution is bigger than all of us. Let the law speak. Let the constitutional institutions do their work.
And let the Federal Government, the Conference of Rulers and the relevant authorities help Negeri Sembilan find an amicable solution – one that preserves its unique traditions while, most importantly, upholding the Federal Constitution and the rule of law.
That is the only way forward if we are serious about preserving public confidence in our constitutional monarchy.
‘The royal institution must be protected by adherence to the Constitution and the law, while respecting the unique customs governing Negeri Sembilan. Any proposal concerning the Ruler must follow the proper procedures.’ – Prime Minister Datuk Seri Anwar Ibrahim
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The views expressed here are those of the columnist and do not necessarily represent the views of Sarawak Tribune. He can be reached at sirsiah@gmail.com
