Lawyer Khairul Azam Abdul Aziz today claimed that the appointment of Tunku Zain Al-'Abidin as the new Tunku Panglima Besar Negeri Sembilan is unconstitutional.
In a statement on Facebook, the activist, who is one of the lawyers for the Jelebu undang (territorial chieftain), based his argument on the alleged absence of consultation with the state ruling chiefs, as per Article 26(a) of the state constitution.
The provision states that the Yang di-Pertuan Besar must first consult the ruling chiefs before conferring any titles or badges.
Khairul, known as Buzze Azam on social media, pointed to Article 34(1), relying on its definition for "ruling chiefs" in the second part of the state constitution as referring to the four territorial chieftains.
"Even if the Sungai Ujong and Rembau undangs are not taken into account by the Yamtuan Besar (Yang di-Pertuan Besar Negeri Sembilan), His Highness still needs to consult with the undangs of Jelebu and Johol, as well as the tunku besar Tampin.
"Unfortunately, the consultation with the ruling chiefs was not held before the recent conferment of the title of Tunku Panglima Besar," he claimed.
A Malaysiakini review of the constitution found that Articles 14 and 15 under Chapter Five, titled "Ruling Chiefs", concern not only the four territorial chieftains but also the tunku besar Tampin and the datuk syahbandar.
Khairul added that legally, the failure to comply with this requirement in Tunku Zain's appointment could be challenged in court, or the Dewan Keadilan dan Undang, the council of justice and adat (Malay custom) established under Article 16 of the state constitution.
Prolonged royal crisis
Negeri Sembilan is facing a prolonged dispute involving its state royal institution and the customary rulers.
Yesterday, Negeri Sembilan ruler Tuanku Muhriz Tuanku Munawir proclaimed Tunku Zain, his second child, as the new Tunku Panglima Besar Negeri Sembilan as a replacement for Tunku Nadzaruddin Tuanku Ja’afar, who had supposedly lost his right to the hereditary title for trying to usurp the Yang di-Pertuan Besar’s position recently.
On June 9, the state Comptroller of the Royal Household, Azizi Ali, said the ceremony proclaiming Tunku Nadzaruddin as the state ruler is invalid under the state’s constitution, law, and customs.
Last week, the brief ceremony proclaiming Tunku Nadzaruddin as the state ruler took place at a hotel in Alor Gajah, Malacca, after much commotion between the police and undangs.
The ceremonial event, which is believed to have initially been scheduled to take place at the tunku besar Tampin’s office, was held at a space in a hotel after police allegedly barred Tunku Nadzaruddin from leaving the premises.
Police were also said to have attempted to bring Tunku Nadzaruddin to Kuala Lumpur before his installation could take place.
Later, former Negeri Sembilan menteri besar Rais Yatim, who is also a scholar of “adat perpatih” (the Minangkabau customary law), stressed that based on the state constitution, the roles required for the installation had been sufficiently fulfilled.
State legislature dissolution
The issue came to public attention in April, when the four chieftains had announced Tunku Nadzaruddin as the next ruler, after a dispute over the removal of Mubarak Thahak as the undang of Sungai Ujong.
The Undang Yang Empat had also declared their unanimous agreement to remove Tuanku Muhriz as Yang di-Pertuan Besar after they launched an investigation into the latter on March 5 for alleged transgressions in his royal duties.
Caretaker Negeri Sembilan menteri besar Aminuddin Harun sided with Tuanku Muhriz against the undangs, leading to the uncertainty regarding the state’s royal institution.
This resulted in Negeri Sembilan BN withdrawing support from Aminuddin.
However, an attempt to form a new government failed, resulting in the PKR vice-president heading a minority government until the state legislature was dissolved. - FMT
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