KUALA LUMPUR (Sept 17): The Attorney General's Chambers (AGC) is of the view that the Negeri Sembilan executive council (exco) and menteri besar have no unilateral authority to terminate or declare the office of the Yang di-Pertuan Besar vacant, and deems the April 19 proclamation to depose Tuanku Muhriz Tuanku Munawir as unconstitutional.

In a statement on Thursday, the AGC asserted that the proclamation, which purports to depose the ruler, is invalid because it failed to meet mandatory requirements under Article 10 of the state constitution, which outlined the procedures and grounds that must be considered before the Undangs (ruling chiefs) can arrive at such a decision.

While the chambers acknowledged that the Undangs have the authority to take steps to depose of the Yang di-Pertuan Besar, it said there is no evidence demonstrating that any of the grounds for disqualification — as stipulated under Article 10(1) — apply to Tuanku Muhriz.

According to Article 10(1) of the state constitution, Undangs may call upon the ruler to step down or be deposed only on specific grounds, including if he is suffering from severe physical or mental incapacity, if he has committed acts detrimental to the dignity and honour of the office, if he deliberately disregards the state constitution, or if he exhibits base qualities that are forbidden under Islamic laws.

Moreover, there is no evidence indicating that the prescribed constitutional procedures were followed in the decision-making, the AGC said.

The statement came after Negeri Sembilan Menteri Besar Datuk Ismail Lasim confirmed earlier on Thursday that the state executive council had recognised the proclamation removing Tuanku Muhriz as the state's ruler.

He was reported as saying that all state excos discussed the matter on Tuesday and unanimously endorsed the proclamation. A day earlier, the state government issued a statement endorsing the proclamation signed by the four Undangs on April 19, as well as a similar proclamation that was also signed by Ismail on Aug 3 to remove Tuanku Muhriz.

Ismail, however, had previously said he signed the proclamation under duress, and that he had no unilateral power to remove the state ruler.

Meanwhile, the Dewan Keadilan dan Undang Negeri Sembilan insisted that Tuanku Muhriz remained the lawful Yang di-Pertuan Besar and chairman of the customary council, and that the exco has no jurisdiction to determine the validity of the ruler. It also reiterated its position that the April 19 proclamation was defective, saying three of the four people who signed it did not hold the office of Undang at the material time.

The AGC also raised questions regarding the composition and standing of certain signatories of the proclamation, noting that the legitimacy of some remains heavily contested after having been deposed under the customary laws of their respective luak (territories).

Consequently, the composition of the Undang Yang Empat (four ruling chiefs) was incomplete at the time, it noted.

The AGC said it respects the position of the Undangs and acknowledges that the appointment and removal of each Undang is subject to the customary laws of their respective luak.

At the same time, the chambers pointed out that the state's constitution, Undang-Undang Tubuh Kerajaan Negeri Sembilan 1959, has provided for the establishment of the Dewan Undangan dan Keadilan, while Article 16 stipulated that matters concerning Malay custom — including the selection, appointment, resignation and dismissal of an Undang, as well as any matters brought by the Yang di-Pertuan Besar — fall under the Dewan's jurisdiction.

It further highlighted that Article 16(3) stated that the Dewan's advice on such issues is final and cannot be challenged or questioned in any court on any grounds.

"Therefore, the media statement or announcement made by the members of the Negeri Sembilan state executive council is deemed to have no legal effect, as they lack jurisdiction, authority or powers under the UUTKNS 1959 to make such declarations.

"There is also no legal basis for members of the state executive council to rely on the proclamation dated April 19 for their announcement. Based on the foregoing, any gazetting or enforcement of the proclamation constitutes an unlawful and unconstitutional act," the AGC added.

The chambers further noted that an interlocutory injunction issued to preserve the status quo by the court remains in effect, following related proceedings before the High Court in Seremban.

"Hence, this chambers urges all parties to respect the judicial process and allow the issue to be settled in an orderly manner through the courts."

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