Negeri Sembilan deadlock a constitutional crisis, say experts

 Constitutional law expert Aziz Bari says the various parties involved appear to be relying on constitutional provisions to protect their respective positions.

Constitutional law expert Aziz Bari said the Conference of Rulers is well‑placed to break the deadlock in Negeri Sembilan and should convene a special meeting to propose solutions. (Wikimedia Commons pic)

PETALING JAYA:

Legal experts say the deadlock in Negeri Sembilan over the position of its ruler bears the hallmarks of a constitutional crisis, pointing to the system’s apparent inability to deliver a clear resolution.

Bastian Pius Vendargon.

Constitutional lawyer Bastian Pius Vendargon attributed the crisis to a “serious breakdown in the normal functioning of the state government” arising from conflicts between its different arms.

He said this appeared evident from the sharply differing positions taken by the Yang Dipertuan Besar, the menteri besar and executive council, as well as the four Undangs.

Constitutional law expert Aziz Bari said all the parties involved appeared to be relying on the state constitution to safeguard their respective positions.

“In Negeri Sembilan, all the players are apparently making use of constitutional provisions to protect their respective interests,” he told FMT.

Aziz Bari.

Aziz said that while the Dewan Keadilan dan Undang ordinarily has the final say, it lacks the ability to enforce its decisions.

“It is not armed with the necessary powers, making it just an authority to issue declarations with no punishing impact,” he said.

On Sept 17, the Attorney‑General’s Chambers (AGC) rejected a proclamation purporting to remove Yang Dipertuan Besar Tuanku Muhriz Tuanku Munawir as state ruler, along with a subsequent announcement by the state executive council affirming it.

The AGC said the proclamation was invalid, and that the menteri besar and exco members had no unilateral power to remove the state ruler.

Following the AGC’s advice, the state secretary’s office announced that the proclamation would not be gazetted or enforced.

On Sept 20, Tuanku Muhriz revoked the appointments of 10 executive council members, citing breaches of their oaths of office. The following day, Prime Minister Anwar Ibrahim was granted an audience with him.

Pathways to resolution

Aziz urged the Conference of Rulers to convene a special meeting to break the deadlock in Negeri Sembilan, warning that the constitutional crisis strikes at the very heart of the monarchy.

He said the state’s monarchy, intended to serve as a “stabilising force” when institutions are in conflict, had instead become “a pawn in a game”.

Aziz said the Conference of Rulers was well‑placed to propose solutions that would resolve the matter.

Vendargon said the Federal Court could also provide a way forward, as Article 34 of the Negeri Sembilan Constitution 1959 allows constitutional questions to be referred to the apex court for adjudication.

“I would be inclined to suggest the use of this mechanism to speedily resolve the crisis by judicial intervention,” he said, adding that references to the “Supreme Court” in the state constitution should be read as referring to the Federal Court.

Article 34(3) empowers the Agong to refer constitutional questions to the Federal Court, which must issue an opinion on them. - FMT