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 (pic).
The state Mentri Besar said matters related to the position of the Yang di-Pertuan Besar are provided for in the Laws of the Constitution of Negri Sembilan 1959.
“The state executive council (which met yesterday) 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.
But about a month later, Ismail said he was made to sign the document under duress and lodged a report on the matter.
He said the state government was of the view that the document failed to meet the requirements stipulated under Article 10 of the Laws of the Constitution of Negri Sembilan 1959, making it void, unconstitutional and unenforceable.
He also pledged his loyalty to Tuanku Muhriz.
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 after being briefed on the reasons for Tuanku Muhriz’s “removal”.
In a statement yesterday, 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.
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 had positions and functions determined by the state laws.
“The main issue here is the validity and legal effect of the said proclamation,” he said.
“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.
