Keputusan exco tiada kesan, Tuanku Muhriz kekal Yang Dipertuan Besar, kata DKU

The State Justice and Legislation Council (DKU) in Negeri Sembilan has dismissed claims made by an exco last night that the removal of Tuanku Muhriz from the throne on April 19 was valid. (Image: Wikipedia) In a statement, the council emphasized that the exco's decision had no legal impact as it fell outside the jurisdiction of the state government.

Raja Norazli Raja Nordin clarified that matters concerning Malay customs, including the selection, appointment, removal, and punishment of the Yang Di-Pertuan Besar, are under the state government's purview according to the 1959 State Government Institution Act (UUTKNS). He stressed that Tuanku Muhriz remains the valid and legal Yang Di-Pertuan Besar of Negeri Sembilan and that there is no vacancy or replacement while the position remains valid.

The council denied any vacancy and affirmed that the resignation of Tuanku Muhriz on April 19 was valid, confirming the election of a new Yang Di-Pertuan Besar and the subsequent implementation. "Thus, it is unconstitutional, invalid, and has no effect," he stated. At the same time, Raja Norazli said DKU welcomed the exco's statement on September 15 that Ismail Lasim, the Chief Minister, did not have unilateral power to terminate or vacate the Yang Di-Pertuan Besar position.

According to him, Ismail's claim that decisions on the validity and effects of a proclamation require constitutional and legal procedures, including judicial determination, aligns with UUTKNS. The April 19 proclamation remains invalid, he affirmed, as no judicial review under UUTKNS Article XVI(1) had been conducted, and three out of four individuals who signed the proclamation were not deemed Undang at the time.

The Chief Minister's reluctance to sign the proclamation also meant that the Article X(2) function was fulfilled, rendering the document null and void. "The State Council cannot revive that invalidation," he emphasized. Essentially, any proclamation for selecting a new Yang Di-Pertuan Besar based on the same basis and signed by individuals not holding Undang status would lack legal validity.

According to him, Article Four prerogative can only be exercised by a legally appointed Undang and in accordance with the procedures set by UUTKNS. Consequently, state government officials are advised not to act on instructions to remove Tuanku Muhriz from the throne, as such action contradicts UUTKNS and council directives.