PETALING JAYA: The constitutional crisis playing out in Negri Sembilan has raised questions over the role and powers of the Undang, or ruling chiefs, peculiar to the state.
The four Undang – of Sungai Ujong, of Jelebu, of Johol and of Rembau – choose the Ruler of the state, or the Yang di-Pertuan Besar, from among four princes in their respective luak, or districts.
However, the removal of a Ruler is another matter.
The Undang do have the constitutional power to depose the Ruler under specific conditions like misconduct or incapacity, says Mohamad Zainuddin Omar, a senior lawyer well-versed in the Negeri Sembilan constitution.
He explained that if they invoke that power, the Ruler immediately loses his position and a formal proclamation must be signed, including by the Mentri Besar.
On Sunday, the four Undang decided to remove Tuanku Muhriz Tuanku Munawir as Ruler.
However, the Undang of Sungei Ujong, Datuk Mubarak Dohak, who had read and signed the declaration, had himself been removed as Undang by the Dewan Keadilan dan Undang, or KDU (Council of the Yang di-Pertuan Besar and the Ruling Chiefs).
He was removed at a meeting on April 17 due to 33 offences related to traditions and customary laws.
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The removal was backdated to May 2025.
Mentri Besar Datuk Seri Aminuddin Harun has thus said the state government will not recognise the declaration to remove the Ruler.
“In Negri Sembilan, the ruling authority lies with the Yang di-Pertuan Besar and the Undang. All five of them are co-rulers, governing jointly.
“Under the state constitution, the appointment and removal of an Undang are determined according to the customary laws of their respective luak.
“The DKU can only validate decisions made in accordance with such customs,” said Mohamad Zainuddin.
“Any decision by the Yang di-Pertuan Besar on Mubarak’s position can only be made if agreed upon by the majority of the Undang.
“What raises questions is that three Undang, together with Mubarak, have unanimously deposed Tuanku Muhriz.”
He pointed out that, based on the current situation, it appears that the decision to remove Mubarak may not have been made in accordance with the constitution.
“This could lead to a challenge against the Mentri Besar’s press statement.
“The four Undang have the prerogative to request the Yang di-Pertuan Besar to abdicate if they feel he is unfit for any reason,” he said.
“Article 10(2) provides that once the Yang di-Pertuan Besar is requested to abdicate, he immediately ceases to hold the office.
“Since the power of appointment is the prerogative of the four Undang, the power of removal may likewise be exercised by them, either unanimously or by majority.
“This means that a failure by the Mentri Besar to sign the proclamation would constitute an act or omission contrary to Article 10(2),” added Mohamad Zainuddin.
Another constitutional expert, lawyer Lim Wei Jiet, said Negri Sembilan is the only state where the institution of the Malay Ruler is not hereditary.
“The Ruler is elected by the four Undang.
“There are some who say that any attempt to remove the sitting Yang di-Pertuan Besar must be done in the DKU.
“There is a state constitutional crisis now as it appears that the four Undang have called for the removal of the Yang di-Pertuan Besar. Under the state constitution, they do have the power to do so.
“The question is if the manner in which they exercised that power was done legally,” said Lim.
“The next few days will see some manoeuvres for the matter to be resolved.
“Such an attempt to remove a sitting Yang di-Pertuan Besar has never occurred before. We have to wait to see what will play out in the next few days,” he added.
