Legal experts propose royal tribunal, emergency rule to solve N Sembilan crisis

 

Legal experts have mooted a tribunal formed by the Yang di-Pertuan Agong and the Conference of Rulers to resolve ongoing disputes between royal, customary, and state government players in Negeri Sembilan.

Lawyer Haniff Khatri Abdulla, who also proposed declaring a “temporary emergency” in the state pending the establishment of details surrounding the royal tribunal, said the Malay rulers’ intervention is needed as the crisis has escalated beyond other parties’ control.

“From a jurisdictional standpoint, it is correct that the Yang di-Pertuan Agong, the Conference of Rulers, and the federal government cannot interfere in the royal affairs of respective states.

“But now, we cannot run from the reality that there is a crisis (in Negeri Sembilan) - shouldn’t royal issues be resolved by royalties?” he argued in an “Explain Sikit Kini” episode produced by KiniTV.

In particular, he pointed to Article 40(2)(c) of the Federal Constitution, which states that the Agong may act in his discretion to request a Conference of Rulers meeting on the “privileges, position, honours, and dignities of Their Royal Highnesses”.

Keep it closed-door, but announce decision

Noting that the proposed tribunal should be based on the Negeri Sembilan state constitution, Haniff (below) said the rulers can determine the tribunal's form during their discussions.

“I suggest that the tribunal consist of three judges, including a chairperson appointed by the Conference of Rulers and two others chosen by those involved in the dispute.

“(The tribunal’s) proceedings and inquiry should not be for public consumption and should not be publicly disclosed - like in court - as it involves respect for the royal institution, (but) the main point of the dispute and the tribunal’s decision can be announced,” he proposed.

Once the tribunal reaches a verdict, Haniff said that while Negeri Sembilan authorities should be left to decide their next course of action, any potential continuation of disagreements could have detrimental and far-reaching consequences.

“It is up to Negeri Sembilan - do you want to follow (the tribunal’s decision) or not? If they don’t want to follow, then Wallahualam (God knows best). If that happens, people will question whether it is time for us to review the existing royal system in our country,” he warned.

“We don’t want it to reach that point as we have nine states with Malay rulers who, all this while, have been carrying out their constitutional responsibilities - we do not want that to be threatened.”  

He also reiterated his opinion that the courts “cannot make judgments” on matters such as the appointment and removal of those in the royal system, arguing that such issues are deemed “non-justiciable”.

Current system paralysed

Haniff added that while a royal tribunal is not a mechanism enshrined in the Federal Constitution, his recommendation is grounded in the need to resolve the Negeri Sembilan crisis while ensuring the royal institution continues to be respected.

While Haniff acknowledged that the state’s Council of the Yang di-Pertuan Besar and the Ruling Chiefs (Dewan Keadilan dan Undang or DKU) would typically be the authority handling disputes involving the state’s royalty and customary figures, he said the DKU itself has since “become a point of contention”.

“The existing system has become paralysed… there have been misunderstandings that threaten the positions (of those in the DKU). When there are personal interests or interests in positions… it needs to be resolved in an orderly manner through the constitution and customs,” he added.

Sharing similar sentiments, Abdul Aziz Bari, a former International Islamic University Malaysia law professor, affirmed that such a tribunal would be an “out-of-the-box approach” that is necessary since existing systems and provisions are “jammed” and unable to operate as intended. 

Most recently, Tuanku Muhriz Tuanku Munawir, whose position as the Yang di-Pertuan Besar is threatened by rival claimant to the state throne, Tunku Nadzaruddin Tuanku Ja’afar, revoked the appointment of all 10 state executive councillors under Menteri Besar Ismail Lasim.

The move, however, was contested by Ismail, with the state exco retaliating by suspending state secretary Zafir Ibrahim and state legal adviser Muzalmah Mustapha Kamal after the two officials refused to gazette the proclamation installing Tunku Nadzaruddin as the new ruler.

‘Courage and humility needed from all’

Aziz (below) noted that methods similar to a royal tribunal have been practised before, such as when the 16th Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, “discussed or informally received views” from senior Malay rulers on the formation of the unity government.

“The specific procedure or path is not mentioned in our Federal Constitution, but the situation that has occurred is something that the constitution probably did not anticipate happening - any system anywhere in the world would expect normal conditions.

“Now that it has reached a level of crisis, what is needed is courage and humility from all parties involved so as not to prioritise their respective egos,” the Perak DAP vice-chairperson said. 

The Tebing Tinggi assemblyperson also said the Conference of Rulers’ insights could prevent the situation in Negeri Sembilan from escalating to a level that might jeopardise federal-level undertakings.

“We do not want what is happening in Negeri Sembilan to reach a stage where it disturbs or delays the federal executive.

“What some might call ‘interference’ has now become necessary as we do not want this country to be collectively disrupted and affected by what is happening in Negeri Sembilan,” Aziz said.

Echoing such concerns, Haniff said a temporary state of emergency in Negeri Sembilan could restore some calm while parties involved work to resolve their disputes. 

“A state of emergency sounds dangerous, but it is not necessarily something that should be regarded as a problem,” he clarified.

“We want to continue administering a state, but it will take time for the Conference of Rulers to convene, the royal tribunal to be established, its chairperson and panel to be appointed, and the holding of an inquiry - perhaps an emergency could act as a temporary cure in the meantime.” - Mkini