[UPDATED]: A-GC: Negri Sembilan MB, exco have no power to remove Tuanku Muhriz
KUALA LUMPUR: The Negri Sembilan menteri besar and state executive council do not have the unilateral power to remove or vacate the position of the Yang di-Pertuan Besar, the Attorney-General’s Chambers (AGC) said.
The Attorney-General's Chambers (AGC) clarified that the Negri Sembilan Menteri Besar and state executive council lack the unilateral authority to remove or vacate the position of the Yang di-Pertuan Besar. The AGC emphasized that the validity and legal impact of the April 19 proclamation requiring scrutiny through the constitutional and legal process under the Negri Sembilan Constitution.
The proclamation's invalidity stems from non-compliance with Article 10 requirements, which necessitates evidence of disqualifying grounds under Article 10(1) for such actions. The AGC ruled out the state executive council's unilateral power to terminate the Yang di-Pertuan Besar's office and questioned the validity of some signatories' legal positions, citing potential removals contrary to their luak's traditions.
Consequently, the declaration's composition was incomplete at the time, and the AGC respects the Datuk-Datuk Undang's appointment and removal processes subject to their luak's customs. Article 16 of the Negri Sembilan Constitution governs Dewan Keadilan dan Undang (DKU) and Malay customs, including matters concerning Malay rulers' selection, appointment, resignation, and removal.
The AGC deemed the executive council's announcement invalid as they lacked jurisdiction and authority under the state Constitution to make such claims. The development revolves around a dispute over an April 19 proclamation concerning Tuanku Muhriz's position, with the Menteri Besar confirming its approval by the executive council, and the DKU maintaining that Tuanku Muhriz remains the lawful ruler, deeming the proclamation defective from the start and challenging the status of several Undang involved.
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