KUALA LUMPUR (Sept 14): The Negeri Sembilan Dewan Keadilan dan Undang (DKU), after a special sitting on Sept 13, said Tuanku Muhriz Tuanku Munawir remains the Yang di-Pertuan Besar of Negeri Sembilan and that the attempt to remove him on Sept 5 was invalid.

In a statement issued on Monday, the council said the Sept 5 attempt was essentially a repeat of a proclamation dated April 19, which the DKU considers defective, spent and void. The main difference, according to the council, was that the Sept 5 document was signed by a new menteri besar.

The DKU said this did not cure the defects in the April 19 proclamation. It said a constitutional function that had already been exercised could not simply be repeated just because there was a change of menteri besar. Otherwise, every time a new menteri besar took office, the same proclamation could effectively be revived.

The council said the April 19 proclamation was already invalid because three of its four signatories were not lawfully holding the office of Undang in their respective Luak at the time. It also said the required inquiry under Article X of the Constitution of the State of Negeri Sembilan 1959 was never held, and Tuanku Muhriz was not given notice or an opportunity to be heard.

The then-menteri besar, Datuk Seri Aminuddin Harun, refused to sign the April 19 proclamation on April 20. He said the constitutional requirements had not been met and that one of the signatories was not a lawful Undang.

According to the DKU, Aminuddin’s refusal meant he had already exercised the constitutional function required of the menteri besar. The proclamation therefore became spent and void. In the council’s view, having a new menteri besar later sign what was essentially the same proclamation could not bring it back to life.

The Sept 5 proclamation was signed by newly appointed Datuk Ismail Lasim. 

The DKU said the six people who signed the Sept 5 document could be regarded as having committed ‘derhaka’ under Malay customary law. It cited several reasons: four of them did not lawfully hold the positions they claimed; they signed a document seeking to remove the ruler without the required inquiry; they used titles they were not entitled to use; and they issued instructions to government officers without lawful authority.

The council said it had instructed that a police report be lodged against the six individuals so that the authorities could investigate.

It also said that, under customary law, actions taken in the name of an office by a person who does not lawfully hold that office have no legal effect.

The DKU identified the current Undangs as Undang Luak Sungei Ujong Dato' Klana Petra Muhammad Faris Johari, Undang Luak Rembau Dato' Sedia Raja Haji Hassan Ab Hamid, and Undang Luak Johol Dato' Johan Pahlawan Lela Perkasa Setiawan Datuk Muhammed Abdullah. The positions of the Undang of Jelebu and Dato’ Shahbandar of Sungei Ujong are vacant.

The council also said it would seek clarification from the state government over the proposed mediation committee, particularly whether it would deal with matters of Malay custom.

Under Article XVI of the Negeri Sembilan state constitution, the DKU said matters concerning Malay customs fall under its authority and cannot be delegated or referred to mediation. It therefore sees no justification for the proposed committee if its role includes deciding or dealing with customary matters.

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