SEREMBAN, Sept 14 – The Dewan Keadilan dan Undang (DKU) has declared that the action of six individuals who signed a Sept 5 document to depose Tuanku Muhriz Tuanku Munawir as the Yang di-Pertuan Besar of Negri Sembilan constitutes an act of treason.
Following a special session on Sunday (Sept 13), the DKU ruled that the act violates both the adat (customary traditions) and the Laws of the Constitution of Negri Sembilan 1959.
It also said that a reconciliation committee proposed by the current state government to resolve the current adat impasse is unnecessary, as such matters are already under the DKU’s purview.
DKU secretary Raja Norazli Raja Nordin said that to begin with, four of the signatories to the Sept 5 document did not hold the official positions they claimed.
Furthermore, the group signed an abdication instrument without a mandatory investigation provided under Article 10(1) of the state constitution, misused official titles, and issued unlawful directives to civil servants, it added.
“No government officer is required to act on any directive based on the said document.
“The state government and all state officers shall continue to recognise Tuanku Muhriz as the Yang di-Pertuan Besar and deal with His Royal Highness accordingly,” Raja Norazli said in a statement on Monday (Sept 14).
The DKU, the highest authority governing matters related to the four Undang in Negri Sembilan, said Tuanku Muhriz remained the state Ruler as no lawful process had ever taken place causing him to cease holding office.
Raja Norazli said he would convey the decision to the Mentri Besar, the State Secretary, and the state legal adviser to allow them to take the appropriate measures to implement it.
He added that he would also be lodging a police report regarding the actions of the six individuals.
The six signatories are the Undang of Johol, Datuk Muhammed Abdullah; the former Undang of Sungei Ujong Datuk Mubarak Dohak; former Undang of Jelebu, Datuk Maarof Mat Rashad; former Undang of Rembau, Abdul Rahim Yasin; Tunku Besar Tampin, Tunku Syed Syed Razman Tunku Syed Al-Qadri; and former Datuk Shahbandar Sungei Ujong, Datuk Seri Badarudin Abd Khalid.
“Four of them did not hold the positions in whose name they signed the Sept 5 document.
“Signing an instrument aimed at abdicating the Yang di-Pertuan Besar when the provisions in the state laws have not been met, using official titles that are not held, and issuing directives to state government officers in the name of an authority that is not lawfully held, are all regarded as treasonous under both customary tradition and the law,” Raja Norazli said.
He reiterated that an April 19 proclamation signed by four individuals was invalid as three of them did not hold any Undang position according to the custom of their respective Luak (territories) on the said date.
The three were Mubarak, Maarof and Abdul Rahim.
However, the trio are challenging their removal.
Raja Norazli said Article 10(1) of the state laws also stipulates that the Undang may only call upon the state ruler to step down or abdicate after a full and complete investigation has been carried out.
“That condition is mandatory.
“No such investigation has ever been conducted, none has ever been brought before the DKU, and the Ruler was never given notice or an opportunity to be heard,” he said, adding that the April 19 proclamation has been void from the outset.
He pointed out that on April 20, then mentri besar Datuk Seri Aminuddin Harun had refused to sign the document on the grounds that the conditions of Article 10 of the state laws were not met.
“With that refusal, the function of the mentri besar under Article 10(2) of the state law had already been exercised, and therefore the proclamation lapsed and became null and void.
“A new mentri besar cannot re-exercise a function that has already been spent.
“Otherwise, every change of mentri besar would revive the same proclamation, and the matter would never end,” he said.
Mentri Besar Datuk Ismail Lasim has claimed that he was made to sign the Sept 5 document under duress. Police are investigating the matter.
Raja Norazli said the DKU recognises Muhammad Faris Johari as the current Undang of Sungei Ujong and Hassan Ab Hamid as Undang of Rembau, while the positions of the Undang of Jelebu and Datuk Shahbandar Sungei Ujong are vacant.
To a proposal by the state government that a reconciliation committee be set up to resolve the adat impasse, he said the suggestion was appreciated but matters related to Malay customs in any part of Negri Sembilan came under the DKU’s purview as stated under Article 16 of the state laws.
“This function cannot be delegated, shared, or submitted for reconciliation.
“The DKU is of the view that there is no justification for establishing the said committee if its jurisdiction encompasses customary matters,” he added.
However, the DKU will be requesting a clarification from the state government regarding the terms of reference of the proposed reconciliation committee.
Raja Norazli said the DKU also advised all parties to refrain from spreading groundless allegations regarding the institutions of the Yang di-Pertuan Besar and the Undang.
The customary institutions of Negri Sembilan, he said, do not belong to any political party or individual.
“They are a trust held for all subjects and clan heirs,” he added. – The Star
