SEREMBAN: The proclamation of another Yang Dipertuan Besar of Negri Sembilan while the position of the incumbent ruler remains under dispute has raised questions over the validity of the process from both legal and customary perspectives.
Legal expert Prof Emeritus Datuk Noor Aziah Mohd Awal opined that the status quo should be maintained as long as the incumbent Yang Dipertuan Besar has not been removed from the throne through a lawful and conclusive process as provided under the Constitution of the State of Negeri Sembilan and the Adat Perpatih system.
She said any action relating to the removal or the appointment of a Ruler must be carried out in accordance with the legal and customary provisions that form the foundation of Negri Sembilan’s system of government to avoid disputes over the legitimacy of the process.
"The crisis becomes even more serious with the installation of a new Yang Dipertuan Besar. We must remember that this process is governed by provisions under the Constitution of the State of Negri Sembilan, which stipulate the manner and form in accordance with Adat Perpatih.
"As members of the customary community, the process must be carried out in an orderly manner,” she told Bernama.
According to Noor Aziah, as long as the incumbent Yang Dipertuan Besar has not been lawfully removed from the throne, the current position should be maintained, especially since an application has been filed in court by the Undang Yang Empat.
"With ongoing legal proceedings, all parties should maintain the status quo until a court decision is obtained,” she said.
Meanwhile, constitutional expert Assoc Prof Datuk Dr Wan Ahmad Fauzi Wan Husain viewed the current impasse involving the royal institution and customary practices as stemming from the failure of certain parties to comply with the provisions of the Constitution of the State of Negri Sembilan.
He said all parties involved should return to the provisions of the state constitution to help resolve the crisis while ensuring the continued stability of the royal institution, customary practices and state administration.
According to him, should any dispute arise over the interpretation of provisions in the state constitution, the matter could be referred to the Federal Court through the mechanism provided for under the law.
He said the institution of the Ruler would continue to command authority and respect as long as all parties upheld the rule of law and the supremacy of the Constitution in addressing any dispute.
"No party can offer a personal interpretation to challenge decisions made under Articles 16(3), 10 and 11 of the Constitution of the State of Negri Sembilan,” he said.
Wan Ahmad Fauzi said respect for the prerogatives, powers and jurisdiction of each party within the composition of the Ruler was crucial to ensuring that the royal institution continued to be respected and trusted by the people.
Meanwhile, Universiti Teknologi Malaysia (UTM) constitutional expert Dr Muhammad Fathi Yusof said the uniqueness of Negri Sembilan’s monarchy, which accords a specific role to the four Undang in the state’s governing structure, required all parties to respect the constitutional and customary framework that had long been practised.
He said any effort to find a resolution must take both aspects into account to ensure that the dignity of the royal institution is safeguarded.
"The method of resolution must be guided by both the State Constitution and customary law. Therefore, I believe the best approach is for a facilitator to bring all stakeholders together to discuss and seek a common solution,” he said.
According to him, an approach based on consultation and consensus-building was important to ensure that any dispute could be resolved harmoniously without affecting the royal institution or the interests of the people.
Observers have viewed the key issue at present as not merely the proclamation of another Ruler, but whether the process leading to that action was carried out in accordance with the Constitution of the State of Negri Sembilan and Adat Perpatih.
This is because, under Negri Sembilan’s system of government, the validity of decisions relating to the royal institution does not depend solely on announcements or proclamations, but is also subject to the procedures and mechanisms prescribed by state law and custom.- Bernama
