Aziz Bari says as the federation’s most senior legal adviser, Dusuki Mokhtar must put his position forward, following accusations he had interfered in the dispute.
Aziz Bari said Attorney-General Dusuki Mokhtar has to issue a statement on the matter.
“He has to put his position forward because the public are waiting, eager and anxious to know whether it is right or wrong,” he told FMT, referring to the constitutional crisis sparked by the attempted removal of Tuanku Muhriz Tuanku Munawir as Negeri Sembilan’s ruler.
On Sept 17, the Attorney-General’s Chambers rejected a proclamation purporting to remove Tuanku Muhriz as the Yang Dipertuan Besar, along with a subsequent announcement by the then executive committee affirming it.
The AGC said the proclamation was invalid, and that the menteri besar and the exco members had no unilateral power to remove the ruler.
On Wednesday, Prime Minister Anwar Ibrahim also criticised menteri besar Ismail Lasim and the former exco over several matters involving the royal institution which had sparked controversy in the state.
Today, Negeri Sembilan’s four undangs, including three whose appointments are disputed, and the Tunku Besar of Tampin urged Anwar and the AGC not to interfere in the state’s affairs, particularly in matters concerning their constitutional prerogatives.
At a press conference in Seremban, they asserted that Articles 10 and 11 of the Negeri Sembilan Constitution 1959 conferred them with exclusive powers to appoint and remove the state’s ruler.
Aziz said that while Articles 10 and 11 of the Negeri Sembilan constitution gave the chieftains the exclusive authority to appoint and remove the Yang Dipertuan Besar, the said provisions “cannot be read and interpreted in isolation”.
He said this was because the chieftains are “part of a larger community”.
“Just because you have an exclusive right within your compound or your house does not mean you can simply do whatever you want without considering how it would eventually affect your neighbours.
“We live in a community, and that is part of the constitution,” he said.
He also said the constitution – federal or state – envisages and deals with a crisis-free situation.
However, the Negeri Sembilan crisis has reached a stage “where the system is upside down and there is a conflict”, and a solution could not be expected to be found within the mechanism or framework of the constitution.
“In other words, it’s quite futile to argue solely on the basis of the provisions, especially when the players are now racing to push the button, as it were,” he said.
On the argument by the undangs, whom he labelled as “arrogant”, that the so-called interference by Anwar constituted a breach of the prime minister’s oath of office under the Sixth Schedule of the Federal Constitution, a breach of trust under Article 71(1) and (2), and a violation of the principle of federalism, Aziz said the constitution stipulates limits on federal powers and, at the same time, provides safeguards for the states, being the original entities that formed the federation.
“But the problem now is whether we are seeing the proper way of exercising state power,” he said.
“I think the federal government, or the federal authorities, have a moral responsibility to keep the federation intact.” - FMT
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