SEREMBAN: The Negri Sembilan Mentri Besar does not have the unilateral power to depose or vacate the position of the Yang di-Pertuan Besar, says Datuk Ismail Lasim.
The Mentri Besar said matters related to the position of the Yang di-Pertuan Besar are specifically provided for in the Laws of the Constitution of Negri Sembilan 1959.
"The state executive council which met on Tuesday (Sept 15) emphasised that this matter must be viewed based on the Laws of the Constitution of Negri Sembilan and the principle of a constitutional monarchy, not as a political or personal issue," he said, adding that a proclamation does not by itself create constitutional power.
Ismail said the state executive committee also decided that the question that needs to be determined is the source of power for the said proclamation, the conditions and procedures set by the state laws and whether all these conditions have been complied with.
"In the context of Article 10 of the state laws, the constitutional provisions set a specific framework regarding actions against the position of the Yang di-Pertuan Besar, including requirements related to the process and proclamation," he said.
On Aug 3, Ismail signed an instrument of proclamation to remove Tuanku Muhriz Tuanku Munawir as state Ruler.
However, on Sept 9, Ismail said he was made to sign the document under duress and lodged a report on the matter the same day.
Then, Ismail said the state government was of the position that the document failed to meet the processes and procedures stipulated under Article 10 of the Laws of the Constitution of Negri Sembilan 1959 making it void, unconstitutional and unenforceable.
He also pledged his full support and unwavering loyalty to Tuanku Muhriz as the one and only legitimate and sovereign Yang di-Pertuan Besar of Negri Sembilan.
However, lawyers representing the Undang of Johol, the three other former Undang, the Tunku Besar of Tampin and former Dato' Shahbandar of Sungei Ujong disputed Ismail's claims, adding that he did so voluntarily and willingly and voluntarily after being briefed on the reasons behind Tuanku Muhriz's removal.
In the statement on Tuesday, Ismail said the state exco agreed that the involvement of the Mentri Besar in the process set by the state laws does not mean he has the power to decide the position of the Yang di-Pertuan Besar on his own.
"On the contrary, when the Constitution assigns a specific role or action to the Mentri Besar, that role must be carried out within the limits and according to the requirements of the Laws of the Constitution on Negri Sembilan 1959," he said.
Ismail said in a constitutional monarchy system, power must come from the Constitution and the relevant laws.
He said the royal institution, the ruling chiefs (Undang), the Mentri Besar and the state government each have positions and functions determined by the state laws.
"The main issue here is the validity and legal effect of the said proclamation," he said.
Ismail said the issues that should be determined are the source of constitutional power for the said proclamation, the conditions and procedures provided in the state laws and whether all those conditions and procedures have been complied with so that the said proclamation has the legal effect as alleged.
"A question of this magnitude must be resolved through a valid constitutional and legal process, including through judicial determination should a legal dispute arise.
"As Mentri Besar, I fully respect the institution of the Yang di-Pertuan Besar, the four ruling chiefs and the Laws of the Constitution of Negri Sembilan.
"What needs to be defended is not the interest of any individual, but the supremacy of the Constitution, legal aspects and the continuity of the institution of the constitutional monarchy," he said, adding that the state laws must be made the foundation in the process.
