PETALING JAYA: While the mandate has been returned to the people to resolve the political crisis, Negri Sembilan must find a resolution to its royal crisis soon.
A constitutional expert close to the developments in Negri Sembilan said the dissolution of the state assembly announcement is unconstitutional as the Ruler must also seek the consent of the Undang.
“Assuming that the current Ruler is still the legitimate Ruler of the state, His Royal Highness must seek the consent of the ruling chiefs on the dissolution of the state assembly,” he said on condition of anonymity.
Therefore, the legal expert said the date of the dissolution should be considered from June 10, which is the six month deadline since the last sitting of the state assembly in December.
He also claimed that the proclamation of the new Ruler was valid as it fell under the prerogative of the ruling chiefs.
He said the Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir could have sought a judicial review to let the courts decide whether the ruling chief’s declaration of his removal was valid.
He said even in the event of a vacancy in the position of one or two ruling chiefs, the others can still decide.
“Even if there is one surviving ruling chief, at the moment, a decision can be made,” he said.
The law expert said Negri Sembilan will have to resolve its royal crisis before the Conference of Rulers meets and a new Mentri Besar is appointed post elections.
Constitutional expert Andrew Khoo viewed yesterday’s dissolution of the state assembly as valid, as Tuanku Muhriz had given his consent in his capacity as the lawful Ruler.
“The dissolution of the Negri Sembilan state assembly consented to by His Royal Highness is lawful and valid,” he said.
“The validity of the poll result itself will be a matter for the Election Commission to determine and not by the Ruler in any event.”
Khoo, however, said that the new Yang di-Pertuan Besar Negri Sembilan can only be proclaimed if the due processes as per Article 10 and Article 11 of the Negri Sembilan constitution have been fulfilled.
“A new Yang di-Pertuan Besar Negri Sembilan can only be proclaimed if the constitutionally-provided process of removing the incumbent has been strictly complied with,” he said.
“Until and unless the process has been strictly complied with, any alleged vacation of the position, and any proclamation of a new holder of the position, are both not constitutionally and legally valid and cannot be recognised,” he added.
Ilham Centre executive director Hisommudin Bakar said the state election can only resolve the political crisis, particularly those relating to the mandate of the state government and administrative stability.
“However, the state polls should not necessarily be regarded as a mechanism for resolving disputes involving the customary and royal institutions of Negri Sembilan,” he said.
“The dispute between the Yang di-Pertuan Besar and the four Undang is fundamentally an issue closely linked to the customary structure, traditions and legal provisions that are unique to the Adat Perpatih system.
“As such, its resolution is more appropriately sought through the already established institutional channels within the state’s customary and legal framework, rather than through partisan political processes.”
In this regard, wisdom, consultation and the willingness of all parties involved to seek common ground are far more important than the political competition that takes place during an election.
The government formed after the state polls may help create a more stable environment, but a lasting resolution will depend on Negri Sembilan’s customary and royal institutions acting in line with long-practised traditions, he added.
Hisommudin said that while the state election could restore political stability in the state, the resolution of the royal institutional dispute should be left to the relevant customary and legal mechanisms without excessive political interference.
Universiti Malaya socio-political analyst Datuk Prof Dr Awang Azman Awang Pawi said there must be a resolution on both fronts.
“The first is the renewal of the people’s mandate through elections. The second one would be an internal resolution between the royal and customary institutions, achieved through private consultations, clear interpretation of the state constitution, respect for the principles of Adat Perpatih, and avoiding public statements that could further inflame tensions,” he said.
“A state election can determine who governs Negri Sembilan, but only the Yang di-Pertuan Besar and the four Undang can restore the authority of the state’s customary institutions and ensure long-term institutional stability.
“Without institutional reconciliation, an election merely addresses the political symptoms rather than the underlying causes of the crisis,” he added.
