N Sembilan lawyers group seeks 'royal review' of constitutional crisis

A Negeri Sembilan lawyers’ group has appealed to the Conference of Rulers to review the process behind the state’s constitutional crisis, including the disputed removal of Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir.

It also told Putrajaya - particularly the Prime Minister’s Office and the Attorney-General’s Chambers - to keep out of the fight for the Negeri Sembilan throne.

The appeal comes amid a deepening crisis in Negeri Sembilan between Tuanku Muhriz, his rival Tunku Nadzaruddin Tuanku Ja'afar, and their backers.

In a statement today, Barisan Peguam Adat Melayu Negeri Sembilan said the dispute should be examined from its origins, beginning with a Negeri Sembilan Council of the Yang di-Pertuan Besar and the Ruling Chiefs (Dewan Keadilan dan Undang) meeting on March 5, developments on April 17 and the proclamation signed by four undangs on April 19.

“Each stage of this process has a direct bearing on the positions of the Yang di-Pertuan Besar and the undangs and should therefore be examined sequentially rather than in isolation,” the group said.

The lawyers argued that the rulers’ review should also cover the removal of the Sungai Ujong undang and other undangs, saying their status under the Negeri Sembilan constitution must not be treated differently from that of the Yang di-Pertuan Besar.

The group said the Conference of Rulers could scrutinise the process and offer advice on whether the removal and replacement of the rulers complied with the state constitution and the rule of law, without taking over the functions of state authorities.

“The public should understand that this submission seeking the advice of the Conference of Rulers should be distinguished from any attempt to assume the functions of the state authorities under the state constitution.

“Under this approach, the Yang di-Pertuan Agong and the Conference of Rulers would not replace the functions of the relevant authorities.

“Rather, they would play a role in reviewing the matter, providing advice and ensuring that the processes undertaken complied with the requirements of the law,” they said.

They further argued that the rulers’ role may be seen as part of interpreting the federal guarantee under Articles 71(1) and 71(2) of the Federal Constitution, particularly in circumstances that have reached a critical stage, such as the present situation.

Citing the same constitutional provisions, the lawyers stressed that federal authorities should not interfere in succession matters also specifically governed by the state constitution.

Standoff continues

On Sept 17, the AGC said the April 19 proclamation by the state's rebel chieftains purporting to remove Tuanku Muhriz was invalid for failing to meet the mandatory requirements of Article 10 of the Negeri Sembilan constitution. The state secretary’s office subsequently said it would not gazette or implement the proclamation.

However, Menteri Besar Ismail Lasim and his executive council have maintained that the proclamation is valid and backed Tunku Nadzaruddin as the new Yang di-Pertuan Besar.

The dispute intensified on Sept 20 when Tuanku Muhriz revoked the appointments of all 10 state executive councillors for alleged breaches of their oaths, a move Ismail subsequently rejected as unconstitutional.

Yesterday, the state executive council suspended state secretary Zafir Ibrahim and state legal adviser Muzalmah Mustapha Kamal, but the AGC later said the council had no legal authority to suspend either officer.

Earlier today, Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said, responding to a call for federal intervention, said the Negeri Sembilan constitution must remain the primary reference point in resolving the crisis, while stressing that the federal government must respect the state’s constitutional framework.

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