Assault on constitutional sovereignty of Negeri Sembilan monarchy and rule of law – 10 former bar presidents

We are a country of laws.

Yet several events of the past few days have wrought chaos upon the sanctity of the rule of law and the institutions established under the Federal Constitution.

On 16 September Malaysians were shocked by the news that the Yang di-Pertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, had purportedly been deposed unilaterally and unceremoniously by the Negeri Sembilan state executive council, without any stated grounds, due process or enquiry.

The reported conduct of the executive council is an egregious violation of the Laws of the Constitution of Negeri Sembilan 1959 and a direct and unlawful assault on the institution of the constitutional monarchy.

The removal of a reigning constitutional sovereign is an extraordinary measure of the gravest constitutional consequence. Political expediency, backroom manoeuvres and unilateral executive decrees can never be a substitute for due process.

In Negeri Sembilan, that removal process is strictly governed by Article 10 of the state constitution, which stipulates three conditions.

The first condition for initiating the removal of the ruler is the holding of a “full and complete enquiry by the Undangs” to establish whether valid and sufficient grounds exist for such an extraordinary course of action.

Based on media reports, there has been no evidence that any enquiry was ever conducted. No charges or grounds of misconduct have ever been made known to the public.

Most crucially, it appears that His Royal Highness was never notified of any allegations, let alone afforded the elementary right to be heard.

Attempts by the executive council to assert that an enquiry was held do not stand up to scrutiny, having been advanced only belatedly and without any explanation as to whether His Royal Highness was notified or given any opportunity to be heard.

In any event, such an alleged enquiry cannot constitute the “full and complete enquiry by the Undangs” required under Article 10(1) of the state constitution.

The second and third conditions stipulate that a proclamation must be executed “under the hands of the Undangs and the Menteri Besar”.

Serious questions arise as to the validity, propriety and legality of the purported proclamation dated 19 April, which has been denounced by the former menteri besar, Aminuddin Harun; and disavowed by the current menteri besar, Ismail Lasim, who has stated that he signed it under duress, and in respect of which he has lodged a police report.

Further, if the purported proclamation is dated 19 April but was signed by this menteri besar only on 3 August, this raises a fundamental question as to its validity, given that he was not the menteri besar on 19 April.

The executive council’s announcement on 16 September smacks of blatant executive overreach. The executive council possesses no constitutional mandate, jurisdiction or power to unseat a ruler. Any such unilateral pronouncement is an ultra vires act that strikes at the very foundation of the constitutional order.

It is noteworthy that the invalidity of the proclamation has been affirmed by the Dewan Keadilan dan Undang and, separately, by the Attorney General’s Chambers.

The state secretary’s office has likewise concurred with the latter’s position and declined to proceed with the gazetting of the purported proclamation.

We, the undersigned, call for an immediate and complete halt to this assault on the constitutional sovereignty of the Negeri Sembilan monarchy and the rule of law.

We strongly urge the state government of Negeri Sembilan, all public officials, and all citizens of Malaysia to faithfully uphold the Federal Constitution and the state constitution, preserve the rule of law, and fully respect the sovereignty and constitutional standing of Tuanku Muhriz Tuanku Munawir as the sole, lawful, and reigning Yang di-Pertuan Besar of Negeri Sembilan.

The state executive council is not above the law, and its unlawful conduct in this matter must be curbed.

We call on the federal government to step in and finally resolve these troubling issues. This state of affairs sets a dangerous precedent for the constitutional monarchy and the future of this country – a country that must, at all times, chart its course strictly in accordance with the law.

Such unbecoming and undignified conduct, as well as such utter disrespect for the law, must stop.

Issued by the following former presidents of the Malaysian Bar on 21 September: Mah Weng Kwai, Kuthubul Zaman Bukhari, Yeo Yang Poh, Ambiga Sreenevasan, Ragunath Kesavan, Lim Chee Wee, Christopher Leong, George Varughese, Salim Bashir, and Karen Cheah Yee Lynn

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