Rembau Undang: Exco cannot override Negeri Sembilan constitution

Pahang State Governor Hassan Ab Hamid rebuked the Negeri Sembilan Exco, claiming they had declared the removal of Tuanku Muhriz Tuanku Munawir as the State's Yang Di Pertuan Besar without proper investigation. Hassan asserted that the core issue was whether the four previous ordinances had conducted a thorough inquiry and found the existence of corruption that undermined Tuanku Muhriz's claim to the throne.

The Legal and Constitutional Affairs Department (DKU) had concluded that such an inquiry had never taken place and Tuanku Muhriz was not provided with any notice or chance to present his case. This failure to meet the basic requirements of the proclamation (regarding Tuanku Muhriz's removal on April) raised a fundamental challenge to its validity, he said in a statement.

DKU's ruling on religious matters is absolute and cannot be contested in court, meaning the Negeri Sembilan Exco cannot unilaterally disregard DKU's decision based on Tuanku Muhriz's position. DKU had determined that three out of the four signatories to the proclamation no longer held their respective positions under customary law at the time of signing (the document was signed), he added.

He also affirmed the validity of the latest proclamation signed by Negeri Sembilan Chief Minister Ismail Lasim, stating that the document was contested by Ismail himself due to undue pressure. The Exco has its own functions and powers in managing the state government, he noted. However, the Exco cannot replace or bypass the mandatory process required by the State Government Constitution (SGC) through a collective decision or media statement.

Everyone must respect the SGC, the powers of DKU, and the decisions made under these powers. No individual, government institution, or Exco chamber can set themselves above the SGC.