Pertikaian proklamasi boleh ditentukan mahkamah, kata MB N Sembilan

Negeri Sembilan's Menteri Besar Ismail Lasim has stated that a legal dispute over the legality and impact of a proclamation cannot be decided by the court alone, but must be addressed through proper constitutional and legal procedures. He emphasized that the issue should be resolved through constitutional processes and valid legislation, including court rulings should they arise from a constitutional dispute.

The main concern at hand is whether the proclamation in question has the authority under State government structures and meets all the requirements and procedures set out by the UUTKNS 1959. Simply existing does not automatically grant a proclamation legal standing. The key question to be determined is the source of authority for the proclamation, the conditions and procedures set by the State body, and whether all these requirements have been adhered to.

Under Section 10 of the UUTKNS 1959, a framework is provided for dealing with actions against the Yang Di Pertuan Besar, including proclamation processes and related matters. Lasim also stressed that the Menteri Besar does not have unilateral power to terminate or vacate the Yang Di Pertuan Besar's position. He added that involvement of the Menteri Besar in the process defined by the State body's legislation does not mean he can decide the Yang Di Pertuan Besar's position alone.

"When the State Constitution defines a specific role or action to be taken by the Menteri Besar, it must be carried out within the bounds and in accordance with the UUTKNS 1959," Lasim explained. He clarified that the issue is not about whose political power is greater, as each institution has its own functions and powers according to the law.

He reiterated that the institutions of the monarchy, the Yang Di Pertuan Besar, the Menteri Besar, and the State government each have roles and functions defined by the UUTKNS 1959. "What must be upheld is not the interests of any individual, but the well-being of the Constitution, legal certainty, and the continuity of the Raja Berperlembagaan institutions.

The State body legislation must be the foundation. The constitutional process must be respected. Institutions must be preserved," he said. This statement follows a dispute related to the proclamation, which was claimed to have implications for the position of the Yang Di Pertuan Besar of Negeri Sembilan. Lasim previously admitted signing the document, but claimed it was obtained under duress and he did not do so willingly.

The State government challenged the legality of the proclamation on the grounds that the process and procedure set out in the UUTKNS 1959 must be followed before it can have legal effect.