Constitutional legitimacy cannot be displaced without due process — Syed Hamid Albar

September 23 — The crux of the ongoing impasse in Negeri Sembilan lies in a fundamental truth: Tuanku Muhriz ibnu Almarhum Tuanku Munawir was legally elected, installed, and acknowledged as the Yang di-Pertuan Besar of Negeri Sembilan. The removal of this incumbent cannot be justified solely on the basis of subsequent challenges.

A legitimate constitutional appointment remains in effect until it is terminated through a similarly lawful constitutional process. The core issue at hand is not whether rival parties claim the throne, but whether the purported removal of the incumbent followed strict adherence to Article 10 of the Laws of the Constitution of Negeri Sembilan 1959.

Article 10 does not permit arbitrary removal; it specifies grounds and mandates a thorough inquiry by the lawfully constituted Undangs. Furthermore, the Menteri Besar's genuine, voluntary, and lawful concurrence is essential. These provisions represent substantive constitutional safeguards, not mere formalities. The investigation must encompass the allegations, supporting evidence, and ensure procedural fairness, allowing the affected party to be apprised of the case against them and provided a meaningful chance to respond.

Crucial questions now demand clear answers: Was a comprehensive inquiry conducted prior to the proclamation? Was Tuanku Muhriz informed of the specific allegations against him? Was he afforded a proper opportunity to rebut the claims? Was the decision-making body lawfully constituted, with each participant having the authority to act?

Were the grounds established under Article 10 substantiated? Were all required concurrences, including that of the Menteri Besar, obtained freely and validly? These matters cannot be resolved through political pronouncements or conflicting media assertions; they must be substantiated from official records, notices, minutes, and constitutional instruments.

The burden lies on those asserting a lawful removal. Until the strict compliance with Article 10 is established, the duly installed incumbent cannot be deemed to have lost his constitutional position. Equally, a subsequent appointment cannot rectify an invalid removal. An appointed successor only becomes valid if a lawful vacancy exists.

If the removal of the incumbent was constitutionally flawed, any resulting succession would lack a valid constitutional basis. Thus, at the outset, this is not a contest between two claimants of equal constitutional standing; there was an existing, duly constituted Yang di-Pertuan Besar. The legitimacy of the removal attempt must be established before any question of lawful succession can be addressed.

Adat remains integral to Negeri Sembilan's unique constitutional identity. However, when adat is incorporated into a written Constitution, customary authority must be consistent with the Constitution. Adat cannot be selectively utilized to circumvent explicit constitutional safeguards, just as written law should not be interpreted without consideration of the original adat from which these institutions derive their legitimacy.

Presently available facts raise serious and unresolved doubts regarding whether due process was upheld. Consequently, it would be unsafe and constitutionally improper for any political or administrative entity to treat the validity of the purported removal as conclusively determined. All parties should demonstrate restraint and refrain from taking unilateral actions that could undermine the final resolution.

The administration of Negeri Sembilan must proceed lawfully, without allowing the dispute to become a tool for political gain. The appropriate course is to present all relevant evidence to the competent judicial forum for an authoritative determination of the legitimacy of the process. The court is not required to evaluate the wisdom of a customary decision but must ascertain whether the body had lawful authority, whether constitutional conditions were met, and whether the prescribed process was followed.

The dignity of the throne, the standing of the Undangs, and public confidence in the State Government hinge on adherence to the Constitution. In a constitutional monarchy, power alone cannot engender legitimacy; it rests on lawful authority, properly constituted institutions, and due process faithfully observed. Syed Hamid Albar, a former Malaysian foreign, home, and law minister, expresses his personal viewpoint, which does not necessarily reflect the perspectives of Malay Mail.