‘Temporary emergency’ proposed to aid its set up in order to resolve Negri crisis
SEREMBAN: A royal tribunal for disputes such as Negri Sembilan’s can be written into the Federal Constitution, like how the Special Court for royals was created in 1993, says a senior lawyer.
Mohamed Haniff Khatri Abdulla also proposed declaring a “temporary emergency” in the state pending the establishment of details surrounding the royal tribunal.
He said an amendment would take at least a few months, so an emergency covering only the state’s administration should be declared in the meantime, with civil servants under the state secretary running the state.
“There is no exco to sign papers now. People buying and selling properties in Negri Sembilan are now paralysed,” he said.
The amendment, he said, would give the tribunal a constitutional basis that no one could dispute.
“Remember in 1993, when we removed royal immunity and created the Special Court for royals. It was not in the Constitution. It was amended in 1993.
“So it must end with an amendment to the Constitution,” he said when contacted.
Mohamed Haniff said the Constitution had no provision for such a tribunal, as Articles 181 and 182 only covered civil and criminal cases involving the Rulers.
On Sept 17, a media statement was released by the state exco on the removal of Tuanku Muhriz Tuanku Munawir as the Yang di-Pertuan Besar of Negri Sembilan.
Following that, three days later on Sept 20, Tuanku Muhriz revoked the appointments of 10 exco members.
Mentri Besar Datuk Ismail Lasim said on Sept 24 the 10 exco members had been barred from entering Wisma Negeri and holding exco meetings, while police said they controlled access to keep the peace.
On Sept 27, Umno president Datuk Seri Dr Ahmad Zahid Hamidi asked Ismail to seek an audience with Tuanku Muhriz.
“We definitely do not want the situation to worsen and for the people to be victimised by this,” he was reported as saying.
Ismail was granted an audience on Tuesday.
Yesterday, Negri Sembilan PKR said the uncertainty could delay approvals and land transfers.
To resolve the dispute, Mohamed Haniff said an urgent meeting of the Conference of Rulers should be called to set up the tribunal, as the Dewan Keadilan dan Undang (DKU) was itself divided.
The tribunal, he said, can be chaired by a retired Federal Court judge or former Chief Justice and would decide who is the rightful Yang di-Pertuan Besar, with each faction naming a representative.
Constitutional lawyer Andrew Khoo said as the matter involved the Ruler, he said it might require a Special Court and the Attorney General’s (AG) consent under Articles 181 to 183 of the Constitution.
Beyond the AG’s role, he said, Putrajaya should not get involved.
He said the Conference of Rulers should allow the administration of justice to proceed, as a process already existed.
“Litigation will take time and tap the resources and distract the attention of the government of Negri Sembilan from focusing on governing the state. The people will suffer,” he said.
Lawyer Surendra Ananth said the dispute was not a personal matter involving the Ruler that required the Special Court, and could be determined in the High Court.
He said one option was for the Yang di-Pertuan Agong, acting on the Prime Minister’s advice, to seek the Federal Court’s opinion under Article 130 of the Constitution.
“All relevant parties can be heard and if the questions are properly framed, hopefully they can agree to it being resolved once and for all at the apex court,” he said.
The crisis began on April 19 when four purported Undang, or ruling chiefs, announced the removal of Tuanku Muhriz and named Tunku Nadzaruddin Tuanku Ja’afar in his place.
The DKU and the AG’s Chambers have deemed the move invalid.
