SEREMBAN: The Rembau District and Land Office has issued a red notice to Datuk Abdul Rahim Yassin, giving him 24 hours to vacate the official residence of the Undang of Rembau.
His lawyer Emirul Sarifudin Nor Azmi maintained that the directive, put up at the entrance to the premises, was invalid and against the adat (customary laws) and the Negri Sembilan state constitution.
"The Balai Undang Luak Rembau is the administrative centre for the territory as it houses, among others, the offices of the Undang of Rembau as well as the Dato'-Dato' Lembaga as well.
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"The order to vacate within 24 hours is also seen as an attempt to deny the Dato'-Dato' Lembaga Adat their rights.
"It completely fails to state which legal provision was utilised by the district officer to order the eviction," he said on Wednesday (July 8).
On June 29, the District and Land Office ordered the immediate vacating of the official residence and Balai Undang Luak Rembau following the proclamation of a new Undang.
The eviction notice was issued after Datuk Hassan Ab Hamid was proclaimed the 22nd Undang of Rembau.
Abd Rahim was reported to have been appointed the 22nd Undang in August last year.
However, his appointment was later found to be invalid as it did not comply with the customary processes and procedures required for the selection of an Undang.
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Emirul Sarifudin said when Abd Rahim's office received the first notice, he questioned the order the following day and asked the district officer to produce proof that he was no longer the rightful Undang.
"He had also asked under which provision the district officer was authorised to order him to vacate the premises.
"However, until today, the Rembau district officer has failed to provide any document on this," he said.
Emirul Sarifudin said all parties should respect the legal process and act based on the principles of the supremacy of the Constitution and the rule of law.
He said any action by a government officer made without legal basis and valid, clear, as well as constitutional directives amounts to an abuse of power that can be subject to disciplinary and criminal action.
"Rightfully, the district officer should refer any matter concerning the legitimacy of the Undang to the Dato'-Dato' Lembaga Tiang Balai Baruh and Darat as this has been the practise for the past 500 years," he said, adding that this was also in line with Article 14(1) of the Laws of the Constitution of Negri Sembilan 1959.
Emirul Sarifudin said similarly, the authorities need to take note that the customary rights and prerogatives of the Dato’-Dato’ Lembaga Adat Rembau within the Luak of Rembau were protected under Article 32 of the Laws of the Constitution of Negri Sembilan 1959.
"The Rembau district officer and the state government must also act in accordance with the law and refrain from using coercive approaches.
"Any application to obtain a writ of possession for the premises can be made through the court without the need to cause a commotion in the midst of the customary crisis in Negri Sembilan, which is currently worsening," he added.
