SEREMBAN: Tuanku Muhriz Tuanku Munawir remains the legitimate Yang di-Pertuan Besar of Negri Sembilan, says the Dewan Keadilan dan Undang (DKU).
Its secretary Raja Norazli Raja Nordin said Tuanku Muhriz was also the chairman of the DKU, the highest authority on Undang (ruling chiefs) related matters in the state.
He said according to Article 16 of the Laws of the State of Negri Sembilan 1959, matters related to Malay customs, including the selection, appointment, abdication, and removal from office of the Yang di-Pertuan Besar and the Undang, fall under the jurisdiction of the DKU.
He said the DKU's advice on such matters was final and cannot be challenged or questioned in any court on any grounds whatsoever.
"The state executive council and the state government do not have the jurisdiction to determine the validity of the said proclamation or the position of the Yang di-Pertuan Besar.
"The decision of the state exco dated Sept 16 has no legal effect," he said.
In a press statement yesterday (Sept 16), the state exco had purportedly said that Tuanku Nadzaruddin Tuanku Ja'afar was now the Yang di-Pertuan Besar in place of Tuanku Muhriz.
They claimed the decision was made during an exco meeting chaired by Mentri Besar Datuk Ismail Lasim on Sept 15.
They said an April 19 proclamation removing Tuanku Muhriz under Article 10 of the state laws had been signed and sealed by the lawful Undang, and became complete when Ismail signed it on Aug 3.
Attempts to get a response from Ismail's office were unsuccessful.
Raja Norazli said the customary institutions of Negri Sembilan, including the institution of the Yang di-Pertuan Besar and the institution of the Undang, do not belong to any political party or individual, but are a trust for all subjects (anak buah) and heirs (waris).
"The DKU hereby urges all parties to uphold the Laws of the State of Negri Sembilan 1959, respect the jurisdiction and determinations of the DKU, and resolve any disputes through valid constitutional and legal processes," he said in a statement.
Raja Norazli said yesterday's (Sept 16) announcement which purportedly legitimises the removal of Tuanku Muhriz, recognises the selection of a new Yang di-Pertuan Besar, and calls for its immediate implementation was not enforceable as it was outside the jurisdiction of the state executive council.
The DKU also welcomed a statement by Mentri Besar on Sept 15 which affirms that he does not possess unilateral power to terminate or vacate the office of the Yang di-Pertuan Besar, and that the validity and effect of the said proclamation must be determined through valid constitutional and legal processes, including through judicial determination.
Raja Norazli reiterated that an April 19 dated proclamation on the removal of Tuanku Muhriz was defective from the outset.
This, he said, was because no inquiry under Article 10(1) of state laws was ever conducted and that three of the four individuals who signed it did not hold the office of Undang on the said date.
He said the proclamation had also lapsed and became void following the refusal of the then Mentri Besar to sign it.
"Any proclamation claiming to select a new Yang di-Pertuan Besar rests on the same defective foundation and was signed by individuals who do not validly hold the office of Undang.
"It is also void and has no legal effect," he said.
Raja Norazli said the prerogatives of the Undang Yang Empat
referred to in the Sept 16 announcement can only be exercised by Undang who hold office legally and according to the conditions and procedures established by the Constitution.
"Since those conditions and procedures were not met, no such valid prerogative arises," he said.
Raja Norazli also reminded all parties that since the matter was still before the courts, they should refrain from taking any steps that could interfere with the process.
